The “last major piece of legislation in the immigration policy reform” was approved by the Council of Ministers this Thursday, December 4th. It is a new regime to accelerate the removal of foreigners from national territory, particularly those who do not have the right to reside in Portugal.
"The law is directed at those who violate the rules, it is not directed indiscriminately," stated António Leitão Amaro at a press conference. The legislation will apply to those who "entered and are in Portugal illegally," said the Minister of the Presidency.
According to the minister, the legislation is "balanced" and "its primary objective is to resolve a situation of enormous difficulty, not to say embarrassment, not to say shame," regarding the rules for return and asylum. According to official Eurostat data, Portugal is one of the countries that least rejects immigrants from its territory, ranking only behind Slovakia in the EU in 2024.
However, the Government has not yet given details of the changes. Leitão Amaro only stated that, among the measures, are "procedural acceleration, prohibition of the use or abuse of the asylum mechanism and pathways, and delaying tactics." The minister cited the case of Moroccan immigrants who arrived in the Algarve in the summer .
Another change is the removal of asylum-related powers from the Integration, Migration and Asylum Agency (AIMA). This matter will now be handled by the Foreigners and Borders Unit (UNEF) of the Public Security Police (PSP). There will also be a "refinement" of the criteria for opposing asylum or for not carrying out removal orders, as well as "alternatives to detention".
The minister noted that a " space of moderation, balance, and respect for human rights" was maintained, preserving the rights of defense, appeal, the existence of criteria for decision-making, and proportionality in measures . In the minister's view, " all this means greater protection for the most vulnerable, starting with minors and those who are naturally, obviously, refugees with international protection."
The proposal will be open for public consultation for one month, starting this Friday, December 5th. The minister also announced that he will convene a meeting of the National Migration Council to gather contributions. Afterwards, it will be sent to Parliament.