Portugal Passes New Return Law — Detention Extended to 18 Months as Deportations Surge

Portugal's government has approved a sweeping overhaul of its immigration enforcement framework, extending the maximum period of immigration detention from 60 days to up to 18 months and removing the automatic right of asylum seekers to suspend deportation proceedings — the most significant tightening of immigration policy in years.

The new Lei de Retorno (Return Law), approved by the Council of Ministers on 19 March, was presented by the AD government as a necessary modernisation of enforcement tools. Critics, including opposition parties and immigration advocacy groups, have argued it represents a fundamental shift in Portugal's traditionally open approach to immigration.

What the Law Actually Does

Under the previous framework, immigration detention was capped at 60 days in most circumstances. The new law allows detention of up to six months, extendable by a further six months, with an additional extension possible in exceptional circumstances — bringing the maximum close to the 20-month ceiling the EU has proposed under its Pact on Migration and Asylum.

The law also changes how asylum claims interact with deportation proceedings. Previously, filing an asylum application would automatically suspend deportation. Under the new framework, the deportation process continues in parallel — only the physical act of removal is paused while the claim is assessed. The government argues this closes a procedural gap frequently used to delay enforcement.

One provision that was notably softened during public consultation: an original clause that would have permitted deportation of undocumented immigrants with minor children in Portugal was removed, following advice that it raised constitutional concerns.

Enforcement Already Escalating

The law arrives against a backdrop of dramatically increased enforcement activity. Portugal's Annual Internal Security Report (RASI), released on 31 March, revealed that the government issued 23,134 voluntary departure notifications in 2025 — a staggering 5,080% increase from the 444 issued in 2024.

At Portuguese airports, Brazilians were the single most refused nationality, with 749 people turned away, followed by Angolans (396). The data underscores how rapidly enforcement posture has shifted under the current government even before the new law takes formal effect.

Parliamentary Path Still Ahead

The law has cleared the Council of Ministers but must still pass parliament. Interior Minister Leitão Amaro has expressed confidence it will secure majority support. The main opposition PS (Socialist Party) has indicated it will propose amendments rather than outright opposition.

What This Means for Expats

For legally resident non-EU foreigners in Portugal — including those on D-type visas, digital nomad visas, or with pending AIMA renewals — the law does not directly alter your status. Legal residency remains a full protection against detention and deportation.

However, the law reflects a broader shift in political climate worth monitoring. It signals the government's willingness to tighten immigration frameworks, and any future policy adjustments to visa categories, renewal timelines, or enforcement of conditions-of-stay could follow the same directional logic. Those with applications pending at AIMA should ensure documentation is current and proceedings are being tracked closely.

Sources: ECO (eco.sapo.pt), RTP, Público, Council of Ministers communiqué (19 March 2026)