Green light to the Foreigners Law. “Important day” or bill that “attacks”?

On October 16, the President of the Republic, Marcelo Rebelo de Sousa, enacted the Law of Foreigners after initially submitting the first version of the parliamentary decree to the Constitutional Court on July 24 for a preventive review of the constitutionality of some norms. Marcelo Rebelo de Sousa stated that the “revised” law, “approved by 70% of deputies,” adequately addresses the essential constitutional concerns he had previously raised.

In a statement released on the Presidency’s website, Marcelo Rebelo de Sousa noted that “considering that the revised and approved diploma corresponds minimally to the essential constitutional concerns raised by the President of the Republic and confirmed by the Constitutional Court,” he has enacted the parliamentary decree that amends Law No. 23/2007, dated July 4, which regulates the entry, stay, exit, and removal of foreigners from the national territory.

Later, during remarks to journalists at the site of the future Matadouro – Porto Cultural Center, the Head of State emphasized that the “corrections made meet the minimum requirements.”

The new version, approved in plenary on September 30 with support from PSD, CDS-PP, Chega, IL, and JPP, and opposed by PS, Livre, PCP, BE, and PAN, follows the Constitutional Court’s rejection of five norms in the previous decree in August.

How did the parties react to the enactment?

PSD parliamentary leader Hugo Soares highlighted to journalists in Parliament that it’s “undoubtedly an important day for the country, especially for immigrants” choosing Portugal to live and work.

“We can now say we have an Immigration Law that responsibly allows those seeking us to enter Portugal so we can integrate them with humanity,” he said.

Earlier, CDS-PP member João Almeida noted that while the decision of the President is important, it “came clearly too late.”

“The entry into force, now to happen after the enactment of the Law of Foreigners, should have occurred earlier, as proven by the numbers released today, which show that the Government presented a pressing legislative change,” he stated.

The leader of Chega applauded the enactment of the Law of Foreigners and reiterated that the party has an agreement with the Government to legislate limits on immigrants’ access to social support.

In a statement to journalists at the Assembly of the Republic, André Ventura expressed approval of the enactment, arguing that the “President of the Republic should not be a hindrance to necessary reforms,” like immigration control.

Iniciativa Liberal and JPP, who voted in favor of the decree, also welcomed the enactment by Belém.

IL president Mariana Leitão termed the enactment a “great news” that will give the nation “clear rules” on immigration, avoiding irregularities and moving out of the “chaos” caused by the “PS and other leftist parties”.

JPP praised the decision of the President of the Republic, with representative Filipe Sousa stating that although it’s not a “perfect law,” the country will no longer have “open doors as in the past” and “there will be more effective immigration control”.

Amended “in minimums,” “attacks immigrants,” and is “unjust, inhumane”

The PS response came from its parliamentary leader, who agreed with the President’s comments upon enacting the Law of Foreigners and noted that the decree was altered at minimum levels, criticizing Government immigration strategies.

“The President remarks, and the Socialist Party agrees, that the Government made only minimal changes to the law proposal to fulfill the Constitutional Court’s ruling that had rejected the immigration law, but the core issues remain,” said Eurico Brilhante Dias to journalists at Parliament.

The PCP parliamentary leader criticized the enactment, describing it as “attacking immigrants,” “unjust, inhumane,” and having a “strong reactionary tendency.” In statements to journalists at the National Assembly, Paula Santos argued that the Law of Foreigners “should not have been enacted by the President of the Republic.”

“It has had changes, to be sure, but the initial objectives remain whole. What was done in the changes was, in a way, a maneuver to skillfully circumvent the Constitutional Court’s ruling of unconstitutionality (TC),” she noted.

And what did the Government say? 

The Minister of the Presidency praised the enactment of the so-called Law of Foreigners, stating that it was “a very important day for the country,” while emphasizing it is neither the first nor the last chapter of Government immigration policy.