Portugal's New Foreigners Return Law Would Allow 18-Month Detention and Fast-Track Deportations

Portugal's Council of Ministers approved a sweeping new bill on March 19 that would dramatically expand the state's power to detain and deport undocumented immigrants. If parliament passes the Law on the Return of Foreigners, the maximum detention period for migrants facing removal will jump from 60 days to 18 months -- a thirtyfold increase that aligns Portugal with the harshest limits permitted under EU law.

The bill also eliminates voluntary departure notifications, shortens procedural timelines for deportation orders, and lengthens re-entry bans for those expelled. Government spokesman Antonio Leitao Amaro framed the measures bluntly after the cabinet meeting: "There must be consequences for illegality, and that implies removal, and faster removal."

From Open Doors to Closed Fists

The trajectory is striking. Under the previous Socialist government, Portugal operated one of western Europe's most permissive immigration systems. Non-EU nationals could enter without an employment contract and later apply for residency after paying social security contributions for a year. Prime Minister Luis Montenegro scrapped that system shortly after taking office in 2024, requiring employment contracts before arrival.

The new return law represents the next phase of that tightening. By the end of 2024, Portugal had approximately 1.55 million foreign residents -- around 15 percent of the total population, a figure that has quadrupled since 2017. The government argues that the country's immigration infrastructure was never designed to handle flows at this scale.

The Parliamentary Arithmetic

Montenegro's minority government does not command a majority in parliament. Passing the bill will almost certainly require support from Chega, the far-right party that has made immigration restriction a centrepiece of its platform. The Socialists (PS), who are gathering this weekend for their 25th National Congress in Viseu, have signalled opposition, as have the left-bloc parties.

This creates an awkward dynamic for Montenegro. Each bill passed with Chega's support deepens the perception of a de facto coalition with the far right -- something the PS has been keen to exploit ahead of the congress. Civil society groups and migrant advocacy organisations have already condemned the 18-month detention provision as disproportionate, particularly given Portugal's limited detention infrastructure.

What This Means for Immigrants and Expats

For legal residents and those with valid permits, the bill changes nothing directly. But the signal is clear: Portugal's regulatory environment is shifting. The April 15 deadline for expired permit renewals is already creating anxiety among non-EU residents. Combined with AIMA's well-documented processing backlogs, the new law adds another layer of uncertainty.

For those considering a move to Portugal, the message is straightforward: arrive with your documentation in order. The era of arriving first and sorting paperwork later is definitively over. The bill still needs parliamentary approval and publication in the Diario da Republica -- a process that could stretch into mid-to-late 2026 if it passes -- but the direction of travel is unmistakable.

Portugal was, until recently, an outlier in Europe for its welcoming stance on immigration. The new return law, if enacted, would bring its enforcement framework into line with countries like neighbours grappling with similar housing and integration pressures. Whether that shift delivers the results the government promises -- or simply pushes vulnerable people further underground -- remains the central question.