President António José Seguro has referred to the Constitutional Court amendments to the Foreigners Law and asylum rules recently approved by parliament.

The changes include new rules on the removal of foreign nationals. In his referral, the president identified three groups of provisions that he believes require a constitutional review.

The first concerns children’s rights. The new rules could lead to parents being separated from their children and to situations in which a minor Portuguese citizen could effectively be removed from the country together with a foreign parent. The president also specifically points to the possibility of forcibly removing foreign children under the age of five if they were born in Portugal.

The second issue concerns the length of administrative detention. The law significantly extends the period for which a foreign national can be held as part of a removal procedure, even if they have not committed a crime. The question here is whether such a restriction of liberty is compatible with the principle of proportionality and the requirements for judicial oversight.

The third point concerns appeals against removal. The new rules abolish the automatic suspensive effect of a court appeal. In other words, filing an appeal will no longer necessarily stop the removal procedure. This creates a very specific situation: a person could be removed from Portugal while their case is still being considered by a court. And if the court rules years later that the removal was unlawful, restoring the situation to what it was before could be difficult.

The Constitutional Court will now have to decide whether these provisions comply with the Constitution.