The new regime for the return of foreigners in an illegal situation is the "last major piece of legislation in the reform of migration policy," said António Leitão Amaro, at a press conference after the Council of Ministers.

"The law we approved today is directed at those who violate the rules; it is not directed indiscriminately," stressed the minister, adding that it applies to those who "entered and are in Portugal illegally."

According to him, it is a "balanced and moderate" law that aims to resolve the situation the country was in with the "destruction of the SEF (Immigration and Borders Service), with the creation of delaying mechanisms and its abuse, which was permitted by the rules and institutions that did not function."

Leitão Amaro stated that, in 2023, Portugal was one of the European countries with the lowest rates of deportation and return of foreign citizens, with rates below 5% of detected cases, which represented a "completely wrong message" that complying with the law "was not worthwhile."

The Minister of the Presidency also emphasized that this new regime will allow for "balanced regulation," altering the rules but in a line of "moderation and respect for human rights," preserving the rights of defense, appeal, proportionality, legal representation, and greater protection for the most vulnerable, such as minors.

He added that the full protection of the principle of non-return to countries where people may be persecuted is foreseen.

Among the approved measures are the acceleration of processes, the prohibition of "abuse of the asylum mechanism and pathways and delaying tactics," and the concentration of competences for asylum management in the PSP's foreigners and borders unit, he said.

Alternative solutions to detention are also foreseen, such as open-regime detention already experimented with in some European countries, said Leitão Amaro, for whom this is a regime that places Portugal “at a fairly moderate European standard”.

Before being presented to the Assembly of the Republic, the proposal approved today will be submitted to public consultation during the month of December, said Leitão Amaro, adding that a meeting of the National Council for Migration and Asylum will be convened in two weeks.

The Minister of the Presidency also recalled that, in the last year and a half, several measures have been approved in this area, such as the end of the expression 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 cases, among others.

He emphasized that this represents a "huge change from a country that went from having no immigration policy or having an open-door policy with no control" to a country that "today has a regulated and humane immigration policy, firm in its rules and controls, and deeply respectful of rights and dignity."