An explanatory note on the government's proposed law, which now goes to the Assembly of the Republic, indicates that the detention periods for foreigners in temporary accommodation centres (CIT) and equivalent spaces for the purpose of removal from the country have been extended from the current 60 to 360 days.

Maximum detention period

In addition to this maximum detention period for the purpose of removal decisions (360 days), the proposed law also provides for another period of 180 days for detention in CIT "to ensure compliance with the coercive removal decision," says the note, noting that the proposal foresees the introduction of new alternative coercive measures to detention, such as the deposit of bail or financial guarantee, the obligation to hand over travel documents, and installation in an open regime in temporary accommodation centres.

Notification of voluntary departure

The Government also wants to end the notification for voluntary departure, explaining that this mechanism “was a mandatory procedural step before coercive removal and applied to any situation, even for those citizens who were detected in a situation of illegal stay in Portugal”.

With these changes, the duty to depart will fall on the citizen rather than on the authorities.

Alternatively, the executive wants to prioritise voluntary return programs, “ensuring less burden and costs to the State”, according to the note.

Extension of Entry Ban

The Government's proposal also extends the entry ban period in Portugal for foreigners who are coercively removed by up to 5 years, which may be extended in aggravated situations.

Age for expulsion from the country

The document, which underwent few changes compared to the proposal submitted to public consultation, indicates that unaccompanied minors under the age of 16 cannot be expelled, and when there are minor children, accompanied, with foreign nationality and legal residence, the parents can only be expelled if they have been convicted of serious crimes or constitute a threat to public order or internal security.

"In this case, the minors always accompany their parents in the expulsion process," the Government specifies in the summary of the proposed law.

Reduced possibility of judicial appeals

Reducing the possibility of judicial appeals, preventing the use of asylum to obtain refugee status from being a delaying tactic to postpone or prevent removal, and reviewing the criteria that prevent expulsion are other measures included in the government's proposal, which aims to "accelerate the removal of foreigners found and identified in an irregular situation" in the country.

Regarding the limits on expulsion, the note states that immigrants who have resided in the country for at least 5 years will benefit.

Asylum applications

In the case of asylum applications, the Government emphasises that submitting an application for international protection “does not prevent the initiation of removal proceedings,” and specific rules will be created for applications submitted after illegal entry that may strengthen the grounds for detention and subject the applicant to more comprehensive coercive measures while their application is being analysed.

The changes to the regime for the return of foreign citizens in an illegal situation were approved on 19 March by the Council of Ministers, following public consultation.