The Portuguese Parliament has approved a government proposal aimed at accelerating the expulsion of immigrants in irregular situations. Minister of the Presidency António Leitão Amaro stated that the measure is necessary to address a “real and grave” failure within the current return system, which has suffered from low execution rates.
The new “Return Law” toughens regulations for undocumented foreigners by streamlining the expulsion process and incentivizing voluntary departure. Minister Leitão Amaro emphasized that laws must be obeyed, asserting that those who do not comply must leave the country.
Stricter Detention and Coercive Measures
A central feature of the approved proposal is the extension of detention periods. The law maintains a proposal for a maximum of 360 days of detention while the analysis of a specific case is concluded.
The legislation also introduces new coercive measures to ensure compliance. These include the requirement to surrender travel documents to competent authorities and the possibility of “open-regime placement” in temporary installation centers.
the law allows for the deposit of bail or other financial guarantees. These measures build upon existing rules that already permitted electronic monitoring, periodic reporting to police, and detention in temporary spaces.
Legal Opposition and Parliamentary Divide
The proposal has faced significant criticism from several high-level legal and humanitarian bodies. Negative opinions were issued by the United Nations High Commissioner for Refugees (UNHCR), the Portuguese Council for Refugees, and the Superior Councils of the Public Ministry and the Administrative and Tax Courts.
While the government’s proposal passed, it did so with abstentions from the BE and PCP. Other related diplomas from the Livre and Chega parties were sent to parliamentary committee for further discussion.
the parliament rejected a resolution project that sought to guarantee court hearings for foreigners detained at the border. This project was voted down by the PSD, CDS, and Chega.
Potential Next Steps
Although the proposal has been approved, Minister Leitão Amaro suggested that the diploma could still “go to committee, without approval [and] with a view to improvement.”
This indicates that the final implementation of the law may involve further refinements as it moves through the legislative process. Depending on these adjustments, the government may seek to further balance the “equilibrated” nature of the law against the negative feedback from judicial bodies.
Frequently Asked Questions
What is the main objective of the Return Law?
The law aims to accelerate the expulsion of immigrants in irregular situations and fix a system that the government describes as having low execution rates and issues with the abuse of asylum.
What new requirements are placed on foreigners under this law?
The law allows for the surrender of travel documents, the deposit of bail or financial guarantees, and the possibility of open-regime placement in temporary installation centers.
Who opposed the government’s proposal?
The document received negative opinions from the UNHCR, the Portuguese Council for Refugees, and the Superior Councils of the Public Ministry and the Administrative and Tax Courts.
Do you believe stricter detention limits are an effective way to manage irregular migration?
