In a powerful decision resonating across Europe, Portugal Constitutional Court has struck down a controversial immigration bill, blocking what many critics dubbed an “inhumane” attempt to restrict family reunification for legal migrants. This bold move is being hailed as a crucial victory for constitutional rights, human dignity, and the principle of equality in immigration law.
⚖️ Why the Immigration Bill Was Blocked
The bill, passed by Portugal’s right-wing majority in parliament on July 16, aimed to delay family reunification rights for hundreds of thousands of immigrants legally residing in the country. Specifically, it would have forced migrants to wait two years before applying to bring immediate family members to Portugal — a move that would have disproportionately affected low-income and unskilled workers.
Only a select few — highly-skilled professionals and foreign investors with special residence permits — would have been exempt from this wait.
But the Constitutional Court ruled decisively: the bill would likely cause the separation of legally resident families, violating constitutional protections and basic human rights. The court cited infringements on the principles of equality, proportionality, and legal security — core values enshrined in Portugal’s democratic framework.
🇵🇹 President Responds Swiftly
Just hours after the court’s ruling late Friday, President Marcelo Rebelo de Sousa sent the bill back to parliament, effectively halting its progress — at least for now. The president had already flagged concerns last month, asking the court to review whether the bill aligned with constitutional principles.
Parliament is currently in recess until September, giving lawmakers time to consider adjustments that would bring the bill in line with the court’s objections.
🌍 Europe’s Rightward Shift and Portugal’s Political Tensions
The bill is part of a broader trend seen across Europe — as governments pivot rightward to counter the rise of far-right populism, often by tightening immigration policies. In Portugal, this shift is evident in the growing influence of the far-right Chega party, which surged to become the second-largest political force following the May general elections.
The proposed immigration reforms had the backing of the centre-right ruling coalition and Chega, signaling a shift in Portugal’s historically progressive stance on immigration. But it has sparked intense backlash from left-wing opposition parties, who argue that the government is caving to xenophobic and exclusionary policies.
🛂 The End of Open-Door Immigration?
This is not the first move toward tightening Portugal’s previously liberal immigration laws. Last year, the government scrapped a program that allowed migrants who entered on tourist visas to stay and apply for residence permits upon finding work. Under the new bill, even migrants from Portuguese-speaking countries, who previously enjoyed favorable treatment, would be required to apply for long-term work or residence visas from their country of origin.
The government insists that better controls on immigration are necessary for long-term sustainability — but promises to revise the bill in line with the court’s ruling.
💬 What This Means for Migrants and Families
At the heart of this political and legal tug-of-war are the lives of thousands of immigrant families — parents separated from children, spouses waiting to reunite, and workers trying to build stable futures. The court’s intervention reaffirms that human dignity must remain central in immigration policy.
For now, family reunification rights are protected, but with parliament expected to revisit the bill in September, the debate is far from over.