Portugal once again places immigration reform in the hands of the Constitutional Court in the middle of August. President António José Seguro sent the Assembly of the Republic Decree No. 105/XVII to the Ratton Palace on Friday (7) and requested preventive review of 11 rules.
There is an important point to note: The text is not yet law.As it is under preventive review, the decree approved by Parliament awaits the decision of... Constitutional Court before it can be enacted.
The package changes rules regarding the entry, stay, and removal of foreigners, their accommodation in temporary housing centers, and the granting of asylum and international protection. The decree was approved by Parliament on July 17.
Among the points questioned by Seguro are the possibility of expelling foreigners who have Portuguese minor children residing in the country, the removal of foreign children under five years of age born in Portugal, and the increase in the length of administrative detention.
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
The proposal allows a foreign national to remain in a temporary detention center for the execution of a forced removal order for up to 180 days, with the possibility of extension for another 180 days in certain situations. Currently, the general rule provides for shorter limits.
Seguro also asked the Constitutional Court to examine changes that allow departure from the country before a final judicial decision in cases related to asylum and international protection. According to the president, this solution could compromise effective access to justice.
The court has changed since its last decision.
The analysis comes almost a year after another clash between the government and the Constitutional Court over immigration.
On August 8, 2025, the court declared five provisions of a reform to the Immigration Law unconstitutional. Then-President Marcelo Rebelo de Sousa vetoed the decree and returned the text to Parliament.
This time, however, the composition of the court is not exactly the same.
Four new judges were sworn in on June 15: Luís Filipe Brites Lameiras, Joaquim Pedro Formigal Cardoso da Costa, Maria Gabriela Abrantes Leal da Cunha Rodrigues, and Maria Paula Bonifácio Ribeiro de Faria.
The change of judges adds an element of uncertainty to the trial, but does not allow us to anticipate the outcome. The Constitutional Court will have to analyze the rules indicated by the president individually and verify their compatibility with the Constitution.
Seguro stated that he considers reforms to immigration policy necessary and advocated for combating illegal immigration, but maintained that the new rules must respect human dignity, proportionality, the protection of children, the right to asylum, and the international commitments undertaken by Portugal.
Preventive oversight has a constitutional deadline of 25 days. Until the Constitutional Court makes a decision, the changes foreseen in Decree No. 105/XVII remain in effect. do not come into effectsystem. ((With information from DN Notícias)
