Portugal Approves Stricter Immigration Regime, Extending Detention and Re-entry Bans

Government Sanctions New Measures

The Portuguese government, through its Council of Ministers, has officially approved a new regime aimed at the return of illegal immigrants. The announcement was made by Minister for the Presidency António Leitão Amaro on December 5, 2025, following a cabinet meeting. This new legislation is described as the 'last major piece of legislation in the reform of migration policy' and is specifically directed at those who 'violate the rules' by entering or remaining in Portugal illegally.

Extended Detention Periods and Re-entry Bans

A central component of the newly approved regime is the significant increase in the maximum detention period for illegal immigrants. Previously, individuals could only be held for 60 days, after which they had to be released regardless of their expulsion process stage. Under the new law, this period can be extended to a possible maximum of 540 days, equivalent to a year and a half. This extension is structured with initial 180-day periods, with the possibility of further extensions, aligning Portugal's practices with the broader European legal framework and Schengen recommendations.

Furthermore, the re-entry ban for individuals forcibly removed from Portugal will be drastically extended. The current limit of five years will now be increased to 20 years. The government also plans to eliminate the 20-day 'Notification for Voluntary Departure' (NAV), deeming it a redundant procedure.

Addressing Irregular Migration Challenges

The impetus for these stricter measures stems from Portugal's previous challenges in managing irregular migration. In 2023, Portugal recorded one of the lowest rates of deportation and return of foreign citizens in Europe, with figures below 5% of detected cases. This situation, according to Minister Leitão Amaro, sent a 'completely wrong message' regarding compliance with the law. The previous 60-day detention limit often allowed illegal immigrants to lodge appeals against expulsion orders and then leave Portugal for other European countries once the detention period expired.

Minister Leitão Amaro emphasized that the new regime is a 'balanced and moderate' law designed to ensure 'balanced regulation' while upholding human rights, including rights to defense, appeal, proportionality, legal representation, and enhanced protection for vulnerable individuals such as minors. Alternative solutions to detention, such as open-regime detention, are also being considered.

Next Steps for Implementation

The approved document will now undergo a one-month public consultation period. Following this, it will be re-examined by the government before being submitted to the parliament for discussion and final approval.