Portugal’s President António José Seguro promulgated Monday a bill to accelerate the expulsion of undocumented immigrants, after the Constitutional Court cleared the legislation over the weekend.
The measure obtained the approval from the Constitutional Court this weekend amid a clear tightening of Portuguese migration policy, implemented to curb what authorities call “abusive use of asylum mechanisms.”
The initiative seeks to align Portuguese law with the European Union Migration and Asylum Pact, a set of community rules that entered into force on June 12, 2026, to reform border control and unify asylum criteria across the 27 member states.
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The Portuguese President had requested the high court’s review because he had “founded doubts about whether the best interest of the child was safeguarded and whether the proportionality of the duration of deprivation of liberty of foreign citizens who have not committed any crime was guaranteed by administrative decision,” as the Portuguese Presidency explained in a statement.
The Constitutional Court ruled that the norm is not unconstitutional and clarified interpretative doubts, offering guidance to courts and administrative authorities. Given that outcome, the President decided to promulgate the bill, which must now be published before entering into force.
Presidente tinha pedido fiscalização preventiva do diploma e Tribunal deu luz verde na sexta-feira. Saiba mais: https://t.co/AepVspTmbx
Horacio Villalobos/Corbis via Getty Images pic.twitter.com/WOACJoHQSr
— Expresso (@expresso) August 31, 2026
This new law was presented by the government of the Prime Minister, the conservative Luís Montenegro, in December 2025 within the framework of the hardening of migration policies that he has promoted since his arrival in power.
Parliament approved it on July 17 with the abstention of the far-right party Chega and the favorable votes of the ruling Social Democratic Party, to which Montenegro belongs, along with CDS-PP and the Liberal Initiative.
In response to the new law, advocacy groups have mobilized to raise awareness about the potential impact on family unity and community cohesion.
Migration Mechanism Changes
**Until two years ago, Portugal had a mechanism for incorporating foreign citizens called “manifestation of interest.**” People present in the country to study or look for work could apply for permanent residence. In 2024, the government eliminated that mechanism.
Foreigners who wish to live in Portugal must now have a work contract or a job offer before submitting a migration request. The change forms part of the political platform of the center-right Social Democratic Party, which promised greater border control and harshly criticized the “open doors” policy of the previous leftist Socialist government.
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The implementation of these changes occurs amid an enormous increase in migratory flow that has generated cultural conflicts and waves of resistance to immigration, including episodes of xenophobia.
For immigrant rights organizations, the new law raises concerns about the protection of families and minors in expulsion procedures.
The measure places Portugal firmly within the EU’s new migration framework, which has faced criticism from Human Rights groups for facilitating accelerated returns and limiting access to asylum procedures.
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