The draft bill on housing foreigners or stateless persons in temporary housing facilities intends to make the return processes swifter and more effective, correcting flaws identified in the current system.

During the discussion on the Government’s proposal, the Minister of the Presidency António Leitão Amaro claimed that the “asylum scheme was abused and the return of illegals failed”, stressing that the incapacity to execute withdrawal decisions “is a real and serious problem”.

The Minister recalled that until 2023, Portugal was only able to carry out around 5% of the return of citizens in an illegal situation. Despite acknowledging the recent improvements, especially with voluntary withdrawals, he considers that “national security is non-negotiable” and that it is necessary to “restore credibility to the asylum and return systems”.

António Leitão Amaro classified this initiative as “the last legislative piece in the major immigration policy reform initiated in 2024”, adding that the bill may still be perfected in Parliament.

Humanist regulation and European alignment

The Government upheld that the proposal ensures “humanist regulation”, reconciling efficacy with respect for fundamental rights.

According to the minister, the bill ensures “respect for people’s dignity, the right to defence, public order and the higher interest of children” while at the same time aligning Portugal with the European directives on asylum and return.

The bill seeks to avoid abuses and procedural redundancies, namely by extending the maximum times for detainment and amending the rules on legal appeals, that now suspend the time count.

The new scheme sets the increase of the maximum detainment period from 60 to 180 days and may reach 360 days in the event of lack of cooperation by the foreign citizen. As an alternative, measures such as paying bail, submitting travel papers to the authorities or remaining in an open scheme in temporary housing facilities are set.

Parliamentary and specific discussions

The Government proposed that the bill be discussed in the Commission on Constitutional Affairs, Rights, Freedoms and Guarantees, a proposal accepted by Parliament.

António Leitão Amaro also stressed that the initiative is the outcome of “a highly participated public discussion in Portuguese society” and advocated continuing the parliamentary and institutional dialogue to improve the legislation text.

“From the Government’s part, we propose that this bill is taken to the Commission for be perfected and improved”, he claimed.