Portugal Approves Deportation Bill That Would Allow 18-Month Detention of Undocumented Migrants

Portugal's government has approved the most significant tightening of immigration enforcement rules in years, endorsing a bill on 19 March that would extend the maximum detention period for undocumented migrants from 60 days to 18 months and accelerate deportation procedures.

The legislation, which government spokesman António Leitão Amaro described as ensuring "consequences for illegality," now heads to the Assembly of the Republic for debate and a vote. Its passage will likely depend on support from Chega, the far-right party, as Prime Minister Luís Montenegro's coalition lacks a parliamentary majority.

What the Bill Contains

The draft law introduces several key changes to Portugal's immigration enforcement framework:

• Detention extended to 18 months — The maximum period irregular migrants can be held in temporary accommodation centers while awaiting removal would increase threefold, from the current 60-day limit
• Faster deportation timelines — Streamlined administrative and judicial procedures aimed at reducing processing times for removal orders
• Longer re-entry bans — Individuals who are expelled from Portuguese territory would face extended periods before they could legally return
• Stronger enforcement focus on undocumented entry and visa overstays

A Sharp Break From the Past

The legislation marks a clear departure from the immigration approach of the previous Socialist government, which maintained one of Europe's most permissive entry systems. Under those policies, non-EU nationals could move to Portugal without an employment contract and later regularize their status after paying social security contributions for a year.

Montenegro has pledged to end what he called Portugal's "wide-open doors" policy. Since taking office in 2024, his government has already ended the post-arrival regularization pathway, tightened visa requirements, and introduced stricter criteria for Golden Visa applicants.

"Portugal was among the European countries with the lowest removal rates," Leitão Amaro said following the cabinet meeting. "There must be consequences for illegality, and that implies removal, and faster removal."

The Numbers Behind the Shift

By the end of 2024, Portugal had approximately 1.55 million foreign residents, accounting for around 15 percent of the total population. The number of immigrants has increased fourfold since 2017, driven largely by the previous government's open-door policies and growing demand for labor in construction, agriculture, tourism, and care services.

The rapid increase has strained public services, including AIMA, the immigration agency, which faces a backlog of hundreds of thousands of pending applications. It has also fueled political tensions, with the far-right Chega party making immigration a central campaign issue and gaining significant electoral ground.

What Happens in Parliament

The bill's path through the Assembly is uncertain. Montenegro's Democratic Alliance coalition holds fewer than half the seats, and previous immigration measures have passed only with Chega's backing — a dynamic that has drawn criticism from centrist and left-wing parties who accuse the government of ceding policy ground to the far right.

The PS has indicated it will scrutinize the legislation closely. Human rights organizations have already raised concerns about the 18-month detention provision, arguing it conflicts with Portugal's international obligations and could expose vulnerable populations, including asylum seekers, to prolonged confinement.

The Constitutional Court, which has already been active on immigration-related legislation this parliamentary term, could also become a factor. An earlier immigration bill was challenged on constitutional grounds, and the extended detention provision may face similar scrutiny.

Broader Context

Portugal's shift mirrors trends across Europe, where center-right and right-wing governments have moved to tighten immigration rules in response to public pressure. The new bill arrives at a particularly charged moment: Monday's public sector strike includes AIMA workers among those walking off the job, and the government has rejected calls from local authorities and business associations to ease hiring rules for immigrants needed for storm reconstruction work.

For the estimated 1.55 million foreign residents already living legally in Portugal, the immediate impact may be limited. But immigration lawyers and advocacy groups warn that the signal sent by increasingly restrictive legislation could affect Portugal's ability to attract the skilled workers its aging economy needs.

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