The return process will be centralized in the upcoming National Unit for Foreigners and Borders (UNEF) of the PSP, designed to ensure the system operates on a permanent availability regime. This is outlined in the working document that underpinned the proposals put forward today by the Government to the National Council for Migration and Asylum (CNMA).
In September, the legislative initiative for this unit was thrown out in Parliament, with abstention from IL and opposition votes against it.
“This proposal was rejected by the votes of the Socialist Party and Chega, who joined forces to block the Government’s action in this important change in the country’s immigration policy,” the executive’s proposal states.
To ensure cooperation with the origin countries, the signing of “bilateral agreements” is anticipated, alongside widening the definition of “country of return” to include third countries with existing agreements, respecting the fundamental rights of involved individuals, excluding unaccompanied minors and families with minors.
The previous Government dissolved the Foreigners and Borders Service (SEF) and established the Agency for Integration, Migration, and Asylum (AIMA), assigning this new agency the task of managing the instruction and decision process regarding the return of citizens in illegal situations, a markedly operational and police task, as noted in the Government’s proposal to the CNMA today, suggesting a “swift, effective, and balanced system for the return of illegal immigrants.”
The document highlights that when this Government took office, the removal rates of irregular foreign citizens were at their lowest among member states and Portugal was executing only about 5% of return decisions, which were also few.
Furthermore, the oversight points out that Portuguese law offers “delaying and obstructive possibilities against the effectiveness of return decisions, both administratively and judicially, often used in clear abuse of rights.”
“Facing this inherited scenario, the Government deemed it necessary to enhance immigration regulation, more strictly control border entries, and execute the removal of those without the right to remain in the country.”
In March, the European Commission established “a common system for the return of third-country nationals” and the Portuguese Government believes it is essential to also restart the national debate on the topic.
“While ensuring the protection of the fundamental rights of the concerned citizens, efforts are directed towards simplifying the process and reinforcing legal measures for effectively carrying out the return of those without the right to stay in Portugal,” the executive justifies.
The priority will be voluntary return, accompanied by financial incentives and a “prospective reintegration at the destination or professional training,” along with a “voluntary departure control system,” with a 30-day indicative deadline for leaving after “verification of irregular status.”
Coercive return will apply when there is a lack of cooperation, the individuals escape to another member state, or pose security risks, the document states.
According to the Government, “coercive return must respect fundamental rights,” with “procedural safeguards,” child protection, prohibition of collective expulsion, legal assistance, and the right to prior hearing.
If necessary, detention may be applied to those in irregular situations if there is “a lack of residence, fixed domicile, or reliable address,” explicit lack of cooperation, or risk of flight, among other factors.
The document outlines “alternative measures to detention,” which include periodic reporting, bail, mandatory stay in a defined geographic area, or an open regime at the Temporary Installation Centre (CIT), allowing partial freedom.
Maximum detention periods will also be extended to “conclude procedures and for cases where, regardless of all reasonable efforts, the return of third-country nationals takes longer due to delays in obtaining necessary documentation or lack of cooperation from the third-country national involved,” and to reduce time, the initial notification of voluntary departure will be eliminated.
The proposal also suggests that the decision to return be issued simultaneously with the rejection of an asylum request, and the Government commits to adhering to appeal deadlines.
The “decision of return and decision to ban entry and stay” will be made in a single resolution, potentially extending the ban from five to ten years.
The Government also seeks to “accelerate the process of illegals imprisoned or who pose a threat,” complete the construction of new temporary installation centers, reinforce reliance on Frontex, digitize the system within the Schengen Information System framework, and adopt the European Return Order, a standard form, among other proposals.
