Portuguese president sends migrant expulsion bill to Constitutional Court over rights concerns

President António José Seguro of Portugal has referred a government-backed bill aimed at expediting migrant expulsions to the Constitutional Court, expressing significant concerns about its potential unconstitutionality. The law, which passed parliament, seeks to streamline the process for removing irregular immigrants and curb perceived abuses of the asylum system.

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some of the legislative provisions of this decree raise founded doubts about whether the best interests of minors are taken into account, detention periods are substantially increased, and some measures call into question the fundamental right to asylum.

In a statement, Seguro highlighted that certain provisions raise "founded doubts" about their consideration for the best interests of minors. He pointed to substantially increased detention periods and measures that "call into question the fundamental right to asylum." Specifically, the president criticized provisions that could allow for the separation of parents and children, or the indirect expulsion of Portuguese minors. He also noted concerns about the coercive removal and expulsion of foreign minors under five years old who were born in Portugal.

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the need to combat illegal immigration, to effectively control legal immigration, and to ensure the defense of borders, this is not incompatible with human dignity.

The government, led by Prime Minister Luís Montenegro, introduced the bill as part of a broader tightening of immigration policies. While acknowledging the need to combat illegal immigration and control legal migration, Seguro emphasized that these efforts "are not incompatible with human dignity." He stated that the Constitutional Court must now assess whether the law respects fundamental constitutional principles, proportionality, effective judicial protection, and the protection of personal liberty.

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whether the concrete options adopted by the national legislator respect the fundamental principles of the Constitution, the principle of proportionality, effective judicial protection, and the protection of personal liberty.

Seguro concluded that while reforms in immigration are desirable, they must be implemented with legal certainty and in accordance with the Constitution and international agreements. This move echoes a previous instance where his predecessor sent modifications to immigration and nationality laws to the same court.

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while reforms in this matter are desirable, they must be carried out with legal certainty and respecting the Constitution of the Republic and current international instruments.