President Seguro’s Constitutional Hit on the Immigration Law

Portugal’s president, António José Seguro, has sent the recently approved immigration law package to the Constitutional Court for a preventive review, halting its entry into force. The move targets provisions that critics say threaten the rights of children and families, as well as a dramatic extension of detention for irregular migrants.

The legislation, passed by the centre-right majority in Parliament, would allow the expulsion of foreign nationals who have minor children legally resident in Portugal, effectively separating families. It also increases administrative detention from 60 days to 540 days—year and a half—for migrants who have committed no crime, and removes a pathway that let parents of children enrolled in school regularise their status.

In a statement on the presidency’s website, Seguro said several articles raise “founded doubts” about whether the best interest of the child is safeguarded, pointing to a violation of the right to family unity. The referral to the Constitutional Court is a constitutional prerogative that prevents the law from being enacted until the court rules.

Why the Package Collides with Child Protection and Family Unity

The Child’s Best Interest vs. Immigration Enforcement

Seguro’s challenge centers on the tension between tightening immigration controls and protecting children. The law would permit the expulsion of foreign parents who have children who are legal residents—a scenario that could leave minors in a legal and social vacuum. The president specifically argued that indirect or consequential expulsion of Portuguese-born minors violates their rights. He also flagged the detention of unaccompanied minors and minors seeking asylum in temporary centres as incompatible with safeguards for children.

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Detention Without Crime: 60 Days to 540 Days

The dramatic increase in maximum administrative detention for irregular migrants—from 60 to 540 days—is another flashpoint. Because these individuals have not been convicted of an offense, Seguro contends the duration must be proportionate and justified. The provision expands state power to hold people without trial, a move critics say undermines the rule of law and international standards on migrant detention.

Impact on Immigrant Communities, Especially Brazilians

The decision directly affects hundreds of thousands of foreign nationals in Portugal, including a large Brazilian community—estimated at over 600,000 by recent consular data. With the school-enrollment pathway scrapped, many parents who had hoped to regularise their status through their children’s education now face uncertain futures. Immigration expert Anna Pacheco, quoted in the original report, warned that children would be left “in a permanent state of precariousness regarding their residence status and the stability of their family core.”

The president’s decision to seek a constitutional review rather than veto or sign the bill shifts the debate from politics to law, forcing the court to weigh national sovereignty in border control against fundamental rights enshrined in Portugal’s constitution and European norms.

What the Court Review Means for Families and Policy

  • Families waiting on the law: The statute cannot come into force while the Constitutional Court reviews it, so current immigration rules remain intact. No expulsions or extended detentions under the new law can proceed.
  • Timeline: The court has not set a deadline, but preventive reviews typically take months. A ruling is expected in the second half of 2026 at the earliest.
  • If the court upholds Seguro’s objections: Parliament would be forced to revise the disputed articles, likely restoring family-unity protections and shorter detention limits. If the court rejects the president’s arguments, the law would take effect in its passed form.
  • For policymakers: The case highlights the legal risk of expanding administrative detention and limiting family-based regularisation—areas where courts in other EU states have struck down similar measures.