Portugal’s tougher immigration rules face constitutional review

Monday 10 August 2026 - 18:18

By: Azzat Manal

Portugal’s tougher immigration rules face constitutional review

Portugal’s latest immigration reforms are facing scrutiny from the Constitutional Court after President António José Seguro referred the legislation for a prior constitutional review.

The package introduces stricter measures concerning asylum procedures, the detention of foreign nationals and deportations. However, the president has raised concerns about provisions affecting children and family unity, particularly measures that could separate parents from their children or indirectly affect Portuguese minors.

Another controversial issue is the proposed extension of administrative detention for foreign nationals. Under the new rules, detention could last for up to 180 days, with the possibility of a further extension, raising questions about proportionality and judicial oversight.

The legislation would also change the effect of appeals against deportation decisions. Instead of automatically suspending removal, appeals could proceed without stopping the deportation process, potentially allowing authorities to remove individuals before a final court ruling.

The presidential decision has exposed divisions among Portugal’s political parties. The Socialist Party and the Portuguese Communist Party welcomed the constitutional review, while the right-wing Chega party strongly criticized it, arguing that tougher measures are necessary to accelerate the removal of foreigners who do not meet residency requirements.

Immigration rights organizations have also supported the president’s decision, warning that some provisions could weaken fundamental rights and contribute to family separation.

The legislation was approved by parliament in July with support from the Social Democratic Party, CDS–People’s Party and Liberal Initiative. The Constitutional Court’s assessment will now determine whether the most controversial provisions comply with Portugal’s constitutional protections and international human rights obligations.