Photo credit: Portugal News
Portugal’s President Antonio Jose Seguro has promulgated the country’s new immigration and asylum legislation, three days after the Constitutional Court cleared the contested provisions.
The Portugal News reports that the law changes the rules governing entry, residence, removal and detention of foreign nationals, as well as the procedures for granting asylum and international protection, which forms part of Portugal’s implementation of the EU’s new Migration and Asylum Pact, introduced on 12 June 2026.
The President had referred those provosionsto the court earlier this montth, saying he had serious doubts over whether some of the measures adequately protected children and wether restrictions on the liberty og foreign nationals were proportionate.
According to the presidency, Seguro has now accepted the court’s interpretation, which also provides guidance for judges and administrative authorities when applying the new rules.
Among the main concerns were parts of the legislation affecting forignparennts with children of Portuguese nationality.
Under the new rules, a foreign national who has a Portuguese minor in their care can, in certain circumstances, be subject to forced removal or expulsion.
Hiwevver, the Constittional Court stressed that this cannot happen automatically, as authorites must consider the circumstances of each individual case, including the child’s best interests and the unity of family life.
On 28 August, the Constittional Court’s ruling cleared all 11 provisions examined, addressing issues ranging from the removal of foreign parents of Portuguese children born in Portugal to detention, border-return procedures and the protection of refugees.
Following the ruling, Seguro proceeded with promulgation on Monday.
