The new regime for deporting illegal foreigners is the “last major piece of legislation in the reform of migration policy,” said António Leitão Amaro at a press conference after the cabinet.
“The law we approved today is aimed at those who break the rules, it is not aimed indiscriminately,” said the minister, adding that it applies to those who “entered and are in Portugal illegally”.
He said that it is a “balanced and moderate” law that aims to resolve the situation in which the country found itself, with the “destruction of the SEF, with the creation of delaying mechanisms and their abuse, which was allowed by rules and institutions that did not work”.
Leitão Amaro said that in 2023, Portugal was one of the European countries that removed and deported the fewest foreign citizens, with rates below 5% of detected situations, which sent a “totally wrong message” that complying with the law was not worth it.
The minister of cabinet affairs also pointed out that this new regime will allow for “balanced regulation”, changing the rules, but in a spirit of “moderation and respect for human rights”, preserving the rights of defence, appeal, proportionality, legal aid and greater protection for the most vulnerable, such as minors. He added that full protection of the principle of non-refoulement is planned for countries where people may be persecuted.
Among the measures approved are the acceleration of proceedings, the prohibition of “abuse of the asylum mechanism and channels and delaying tactics” and the concentration of powers for asylum management in the PSP’s foreign nationals and borders unit, he said.
Alternative solutions to detention are also planned, such as open detention, which has already been tried in some European countries, said Leitão Amaro, for whom this is a regime that places Portugal “within the fairly moderate European standard”.
Before being presented to the parliament, the proposal approved today will be subject to public consultation during December, Leitão Amaro said, adding that a meeting of the National Council for Migration and Asylum will be convened in two weeks.
He also recalled that, in the last year and a half, several measures have been approved in this area, such as the end of the declaration of interest, the laws on foreigners and nationality, the creation of the foreigners and borders unit in the PSP (Public Security Police) and the resolution of pending issues, among others.
He stressed that this is a “huge change for a country that has gone from having no immigration policy or a policy of open doors and no control” to a country that “now has a regulated and humanistic immigration policy, firm in its rules and control and deeply respectful of rights and dignity”.
