Portugal’s Constitutional Court Blocks Controversial Immigration Bill

On August 9, 2025, Portugal’s Constitutional Court ruled that a newly passed immigration bill violated fundamental constitutional rights by placing excessive restrictions on family reunification for legally resident immigrants. The court concluded that the legislation would likely result in the separation of families and therefore is unconstitutional.

Presidential Oversight and Legal Concerns

Earlier in July, President Marcelo Rebelo de Sousa referred the bill to the Constitutional Court for review, raising concerns over its compliance with principles such as equality, proportionality, and legal security. These are cornerstones of Portugal’s constitutional framework and underpin its commitment to safeguarding individual rights.

What the Bill Proposed

The legislation, enacted by the right‑wing parliamentary majority—including the centre‑right coalition and the far‑right Chega party—mandated that hundreds of thousands of migrants legally resident in Portugal wait two years before submitting a request for immediate family members to join them. Notably, exceptions were carved out for highly‑skilled workers and certain investors holding special residence permits. Its backers argued such restrictions were necessary to curb immigration in the context of surging far‑right influence across Europe.

Court’s Verdict and Immediate Aftermath

The Constitutional Court’s unanimous decision emphasized that the bill’s two‑year waiting period would inevitably lead to prolonged family separation—a direct conflict with constitutional protections of family unity. In response, President Rebelo de Sousa promptly returned the bill to parliament, which is currently on recess until September, leaving the future of the legislation in the hands of legislators.

Political and Social Tensions

The bill’s adoption reflected broader political shifts in Europe toward more restrictive immigration policies, often driven by populist and far‑right pressures. In Portugal, the Chega party leveraged its position as the second‑largest parliamentary force—following the May general election—to push the agenda forward.

This move deepened the divide among political parties: left‑wing opposition factions condemned the legislation as inhumane, accusing the government of capitulating to Chega’s anti‑immigrant rhetoric. Conversely, the government defended the restrictions, citing the necessity for stronger immigration controls, though it has stated it intends to revise the bill to satisfy the court’s constitutional objections.

Summary Table