“This is the final axis, the last piece of this entire system for it to function,” and “we count on the responsibility of all who wish to join once more with the Government, which has led this process from the start,” said Rui Armindo Freitas.
The official emphasized that “this was the missing piece in the migratory system” which has been altered by the Government throughout the year, with the creation of the National Unit for Foreigners and Borders, changes in foreign and nationality laws, new rules for family reunification, longer deadlines for accessing citizenship, or the requirement of a prior visa for those who want to work in Portugal and obtain residency authorization in the country.
Until now, he sustained, Portugal “did not have a capable return regime. This was fully demonstrated last August with that incident on the Algarve coast,” when a group of Moroccans was detained for illegal immigration, applied for asylum, and fled the country after the maximum detention of 60 days.
“That episode exposed or was at least the proof in everyone’s eyes that we were right in alerting to the lack of a capable return regime,” he stated, adding that this legislative piece aims to “show that, in the past, there was a total absence of immigration policy, of immigration system management, where there were various abuses happening everywhere.”
According to the Secretary of State, the package “fills the gap” identified in this system architecture so the model operates “with clear rules” and the country has “a regime adapted to today’s migratory realities.”
The changes extend the maximum detention time from 60 days to a period that can last up to a year and a half.
“We are aligning our rules with the rules of other European countries when discussing increasing the detention period, 180 days, plus another 180 days [extension] and then an additional 180-day period for the execution of the return,” explained Rui Armindo Freitas, stressing that these measures apply only to this type of process.
Currently, with only a 60-day detention period, a judicial appeal would suffice for the time to expire and irregular immigrants to be released.
Regarding coercive measures, which imply an increased detention period, but also new measures like the removal of travel documents or the deposit of a bond, the Secretary of State admitted that the capacity of current Temporary Installation Centers for immigrants is limited.
“We are making efforts to increase capacity,” with protocols signed in April for the construction of new units, but if there are more detainees, the law provides for specific wings managed by the PSP, and this increase does not impact the prison system, he said.
“This has nothing to do with common crime and does not compete with common crime,” recalled the Secretary of State, emphasizing that concentrating return processes in the PSP “ensures more congruence to the system,” with “clearer, faster, more effective, less redundant rules, and fewer steps.”
On the other hand, those requesting international protection and seeking refugee status after entering the country illegally will no longer have any advantages in terms, because that request does not suspend the expulsion process, although the execution of the penalty is suspended until the asylum decision.
“This is the greatest service being done to asylum protection,” a regime that, whenever it is abused, “is being undermined,” considered Rui Freitas.
The official stressed that the asylum regime should be “preserved for those who genuinely need it,” underscoring the prevention of “the abuse of the asylum figure by those who do not deserve it,” using it as a maneuver after being caught illegally by the authorities.
Until now, he noted, “this abuse was somehow rewarded because it was advantageous” to request international protection, “because the Portuguese system could not respond effectively to all those who abused,” and this is what the Government now wants to end.
“We want those entitled to asylum to receive it,” but “those who abuse asylum” should not derive any benefit from the request, he stated.
Today begins the public consultation, followed by parliamentary discussion, and the Government is open to dialogue, as happened with other legislation.
“From the very beginning, we have always been open to dialogue and count on the support of all those responsible to understand that this reform initiated last year aimed to solve a problem of chaos that had been established in Portugal for many years, which was the total absence of a coherent policy or even an immigration policy,” he further said.
