The new Return Law, currently under public consultation, proposes that those who enter the country illegally be detained for a year and a half, compared to the current 60 days.
Should the detention time for illegal immigrants be increased?
Thursday, 11 December 2025RSS
Context & Explainers
Portugal's return law governs the procedures for removing third-country nationals who are in the country irregularly, implementing the EU's Return Directive (2008/115/EC). It sets out the rules for deportation orders, voluntary departure periods, entry bans, and detention of irregular migrants pending removal.
Changes to the return law have been a recurring point of political debate, particularly around the balance between enforcement and rights protections. Amendments can affect the length of voluntary departure periods, the grounds for detention, and the procedural safeguards available to those subject to removal orders.
The law is administered by AIMA (Agência para a Integração, Migrações e Asilo), which replaced the former SEF in handling immigration enforcement and integration services.
