Portugal Constitutional Court clears immigration return law

Portugal's Constitutional Court has unanimously ruled that eleven norms within the new immigration reform, known as the ‘return law’, are constitutional. The decision follows a request for preventive scrutiny by the President of the Republic. The norms include provisions for extending the stay of foreigners in temporary installation centers to 180 days, the possibility of separating parents and children, and the expulsion of minors from national territory.

In its ruling, the Court stated that the decree contains relevant guarantees to safeguard the ‘best interests of the child’, noting that decisions regarding minors and family unity would be subject to case-by-case judicial assessment.

The ruling has drawn mixed political reactions. Minister of the Presidency António Leitão Amaro defended the law as a ‘regulated and humanistic’ tool to combat illegal immigration. Prime Minister Luís Montenegro also supported the measure, stating the government aims to regulate migratory flows rather than close borders.

Conversely, political parties such as Livre and the Portuguese Communist Party (PCP) have criticized the law. Livre argued there is ‘room for a political veto’ due to the potential inhumanity of detaining and expelling children. The PCP expressed concerns that the ruling could lead to ‘increased constraints’ and injustices for immigrants due to administrative delays.