Key figures — as of 2026-09-07: President António José Seguro promulgated Portugal's new "Return Law" on 31 August 2026, three days after a unanimous Constitutional Court ruling on 28 August cleared all 11 contested provisions — administrative detention of foreign nationals rises from a 60-day cap to 180 days, extendable by a further 180 — appeal rights against removal orders lose their automatic suspensive effect — the reform implements the EU's Migration and Asylum Pact, introduced 12 June 2026.
The signature that changes the rules
Portugal's president has promulgated a law intended to accelerate the removal of foreign nationals living in the country illegally, signing the text on August 31 after the Constitutional Court ruled unanimously that the contested provisions did not breach the constitution. For anyone in Portugal without a valid residence permit, this is the clearest signal yet that the state intends to move faster — and with fewer procedural brakes — than at any point since AIMA replaced SEF in 2023.
The law now needs formal publication in the Diário da República before its mechanics take effect, but the constitutional hurdle — the last real obstacle — is gone. 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, as part of Portugal's implementation of the EU's Migration and Asylum Pact, introduced on 12 June 2026.
Why the court mattered
Seguro had sent 11 provisions of the so-called return law to the Constitutional Court on 7 August, in his first use of preventive review since taking office in March. His concerns were specific rather than symbolic: reservations essentially concerned three aspects — the maximum period for which illegal immigrants may be detained, the possibility of deporting minors, and the shortening of appeal periods.
The Constitutional Court's decision was taken in plenary session by seven judges, unanimously, finding no basis to strike any of the flagged provisions. Rather than rejecting the president's concerns outright, the judges attached interpretive guidance: the court clarified interpretative doubts by providing guidance for courts and administrative authorities, particularly regarding the expulsion of children born in Portugal, the separation of parents from children, and the expulsion of refugees entitled to international protection. In effect, the law stands, but courts and AIMA caseworkers now carry a rulebook on how to apply it without breaching fundamental rights case by case.
The detention numbers — and what GrowIN's read is
This is where the practical impact lands hardest. The Constitutional Court approved the new immigration law, which allows for faster deportations, including of children born in the country and family separation. On detention specifically, the law permits, in certain situations, the expulsion of foreigners with minor children of Portuguese nationality, the expulsion of children under five born in Portugal, and the detention of foreigners for more than 180 days, extendable, in cases of "lack of cooperation" or delays in obtaining documentation.
Doing the arithmetic on that: a rise from a 60-day maximum to a 180-day term extendable by a further 180 days puts the theoretical ceiling on administrative detention at 360 days — a six-fold increase on the previous limit. That's GrowIN's own calculation from the published figures, not a number stated by any official source, but it frames the scale of the shift: someone who previously faced at most two months in a temporary installation centre while their case was processed could now, in the most severe non-cooperation scenarios, face the better part of a year.
Just as consequential for anyone contesting a removal order is the change to appeals. Under the old regime, challenging an unfavourable decision typically paused enforcement. That protection has been narrowed, shifting the practical burden onto people to resolve their status before an order is issued, not after.
"For anyone whose paperwork has lapsed, the margin for sorting it out after the fact has just gotten much thinner," says GrowIN Portugal Editorial.
What this means if you're out of status
None of this touches people with a valid AIMA-issued residence permit, a pending renewal filed through the Portal das Renovações, or an in-process application logged before the relevant deadlines. The provisions target people without legal status, and — per the court's guidance — the harsher measures such as separating families or removing young children are meant to be exceptions requiring individual justification, not automatic outcomes.
That said, the direction of travel is unambiguous, and it comes on top of a nationality law that already extended the naturalisation residency clock to 7 or 10 years as of May 2026. Anyone who has let a visa lapse, missed a renewal window, or is relying on informal presence should treat regularising status through AIMA as urgent rather than optional. Our visas hub walks through the main residence routes — D7, D8, Golden Visa alternatives and the Startup Visa — for those looking to convert an irregular stay into something durable.
What to watch next
Publication in the Diário da República will set the exact commencement date for each provision, and implementing regulations from AIMA are likely to follow, given how much of the court's reasoning hinged on case-by-case safeguards rather than blanket rules. Expect legal challenges over individual removal decisions once the law is applied in practice, and watch for guidance from AIMA on how the extended detention periods and the new appeal rules will actually be administered on the ground.