Government extends detention periods and accelerates expulsions of irregular immigrants
The government of Portugal this Thursday (19th March 2026) proposed a law that changes the rules for the entry, stay and removal of foreigners in Portugal. The measure seeks to speed up the removal of irregular immigrants and tighten migration control mechanisms, after a period of public consultation.
When announcing the proposal, the Minister of the Presidency, António Leitão Amaro (PSD, center-right), stated that the change is “very necessary” and represents “a very important reform”already debated in Portuguese society. According to him, anyone who chooses to remain in an irregular situation must face consequences. “Those who prefer illegality or to be placed in the hands of illegal immigration networks must have a consequence for illegality”he declared. “This means a much faster removal”he completed.
The new regime creates instruments to facilitate the repatriation of foreigners identified as illegally staying in the country. Despite the tightening, the government says it will prioritize voluntary return. Detention, according to Leitão Amaro, will continue to be used as a last resort, within an approach that he classified as “moderate, balanced and humanistic”.
The Luís Montenegro (PSD) government’s proposal also underwent adjustments after the public consultation, with the removal or softening of points considered sensitive from a constitutional point of view, such as rules that could affect immigrants with minor children in Portugal.
Here are the main measures:
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end of prior notification for voluntary departure, allowing immediate effect of the removal decision;
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extension of the detention period from 60 to up to 360 days;
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continuity of expulsion processes even with an asylum request;
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strengthening the powers of the authorities, with centralization in the National Foreigners and Borders Unit of the Public Security Police;
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review of the rules that prevent expulsions and increase in the period of prohibition of return.
The minister stated that the government did not establish numerical deportation targets or cost estimates. He also said he expected support from Parliament to approve the text, although he recognized resistance from parties on the left. “There has been a tradition of some more left-wing parties staying out of changing migration policy”he declared.
Regarding possible legal challenges, Leitão Amaro said that the expected deadlines are below the limits defined by European directives and that the government considers the proposal compatible with the Constitution. The text will be analyzed by Parliament and then by the President of the Republic, António José Seguro (independent, supported by the Socialist Party).
The proposal approved by the government continues the tightening of migration policy in Portugal, already underway since 2025, when a law restricted entry and stay rules for foreigners, with a direct impact on visas, residence permits and family reunification. The changes began to require more criteria for granting visas and limited mechanisms that facilitated regularization, especially for citizens of the CPLP (Community of Portuguese Speaking Countries).
