Federal law states that anyone can apply for asylum on U.S. soil, regardless of immigration status. Italy’s New Asylum Legislation: toward a better migration management? Instead of humanitarian protection status, the Salvini decree introduces “special permits” for specific foreigners who prove to be victims … In late 2018, the Italian government began implementing a new legislation that restricts access to protection for refugees and migrants in the country and hardens border security to deter incoming irregular migration. Under the new rules, asylum seekers would first have to lodge a “declaration of intent” at Hungary’s embassies in either Belgrade in Serbia or Kiev in Ukraine. Because Italy’s Rightwing Government making very strict policies against asylum seekers. The new law includes additional budgetary provisions on top of €600 million which the Government of Italy had already allocated in 2016 to municipalities, groups and caregivers to help them cope with the large influx of refugees and migrants in reception centres. Aug. Italy has finally announced its new Immigration and Asylum laws bringing more compact system for the government to handle asylum seekers. © 2021 Mixed Migration Centre. The decree stipulates that social services such as Italian language courses, vocational training and legal assistance will be withheld until the end of the asylum process, except if the applicant is an unaccompanied minor, which will hamper integration prospects for those allowed to stay. Instead of humanitarian protection status, the Salvini decree introduces “special permits” for specific foreigners who prove to be victims of a limited set of circumstances or have serious health issues. Who can apply for asylum. You should contact a legal adviser before making any decisions. ... ahead of Italy … While the previous government restricted the nation’s reception system to recognized refugees and unaccompanied children, the new decree opens the doors to asylum seekers … In addition to granting five-year residence permits to refugees and to asylum seekers who meet “subsidiary protection” criteria, Italy has for the past 20 years granted two-year residency permits to a wider group of migrants on comparatively flexible “humanitarian protection” grounds – broadly interpreted as those who aren’t refugees but who can’t be sent home either. The so-called employment toleration law gives well-integrated, tolerated asylum seekers (Duldung status) with a job the chance to remain permanently in Germany despite their rejected asylum application. But … Among Mr. Macron’s new get-tough measures is a provision that asylum seekers would have to wait three months before qualifying for non-urgent health care. The intention to make an asylum application may be expressed orally by the applicant in his or her language with the assistance of a linguistic-cultural mediator. Furthermore, it removes the right of failed asylum seekers to live in Italy who are already living in Italy just because they cannot go back to home country due to risk of life. The new rule, effective August 21, 2020, removes the current 30-day timeline from the date an asylum seeker files Form I-765, Application for Employment Authorization to grant or deny this benefit. Makes asylum seekers who file their asylum applications more than 1 year after their arrival into the United States ineligible for an EAD. submission of asylum requests Piedmont Gov. Sergio Chiamparino, told … Germany’s strong economy and its relatively welcoming approach towards refugees during the peak arrival years of 2015 and 2016, have contributed to the country becoming a magnet for immigrants and asylum seekers. As of January last year there were 533,000 undocumented migrants in Italy according to official estimates; these people are not registered with any government offices and live on the margins of society without legal right to work or access to social services. In his post about the “Salvini decree” Villa pointed out that such high numbers of undocumented people is not a new phenomenon in Italy, and that previous Italian governments responded to increases of undocumented people with mass regularizations: in 2002-2003, about 700,000 migrants were regularized; in 2006, about 350,000 undocumented were regularized; and in 2009 another 300,000. In sum, the analysis shows that the decree will likely cause more problems than it solves. It is therefore highly doubtful that it will lead to better governance of mixed migration in Italy. One of the recommendations of Alessandra Corrado, author of the European Policy Institute study, is for Italy to create permanent regularisation mechanisms, whereby migrants who can demonstrate that they have lived in the country for a number of years and are employed, are able to gain legal status. ", worst policies imposed by the previous interior minister, Constitutional Court ruling this past July, six United Nations human rights authorities. The number of operating repatriation centres decreased between 2013 and 2017, and even though new centres were developed last year, the overall detention capacity is still much lower than what is required. Salvini’s intention is for those who aren’t granted any type of protection to be detained at repatriation centres, but there is not enough room in these centres for all the people who are supposed to be repatriated. Piedmont Gov. Moreover, it is reducing the protection space for refugees and migrants, hampering integration for those who will be allowed to stay and pushing even more people into vulnerable situations. Trending Topics. This week, the council of ministers adopted a decree that reverses many of the worst policies imposed by the previous interior minister and current leader of the anti-immigrant League Party, Matteo Salvini. Before discussing the specifics of the law, a technical observation is in order. John Dalhuisen and Gerald Knaus, from the European Stabilisation Initiative (ESI),  argued that to address the increase of undocumented migrants, Italy needs to have a more effective entry system for foreign workers to meet labour demand in sectors such as agriculture. While the previous government restricted the nation’s reception system to recognized refugees and unaccompanied children, the new decree opens the doors to asylum seekers … Italian Senate passes the “Security Decree” even after having great tensions. 47 of 2017 on unaccompanied foreign minors. Please give now to support our work, New Decree Rolls Back Some of the Worst Aspects of Immigration Policy. It also ensures asylum seekers have the right to register with the city hall where they live, since a Constitutional Court ruling this past July found the denial of this right made it “unjustifiably difficult for asylum seekers to access the services to which they are entitled.”. The decrees and laws eviscerated Italy’s asylum procedure and reception system, and formalized Salvini’s “closed ports” policy, which blocked boats … Last year, six United Nations human rights authorities called on Italy to incentivize rather than discourage shipmasters from fulfilling their moral and legal obligation to respond to ships in distress. The new policy sets out procedures to return asylum-seekers to Mexico to wait while their asylum case is pending in the U.S. immigration court system. This will help prevent people falling into undocumented status. Asylum Procedure. They suggest that Italy offer African countries an annual contingent of regular visas in return for their cooperation on readmission agreements. Greece: Lead Poisoning Concerns in New Migrant Camp, Paris Police Continue To Harass Homeless Migrants, Trump Administration Again Weakens LGBT Protections, Israel: Provide Vaccines to Occupied Palestinians, "How Come You Allow Little Girls to Get Married? Despite the reasons cited for its adoption, the decree does not meet the constitutional and legislative requirements of necessity and emergency, since, as Salvatore Fachile, an attorney at ASGI,explained, “It contains both regulations that do not require immediate application as well as heterogeneous ones.” A serious and substantial reform of issues relating to foreign nationals should be implemented through ordinary legislation and th… The permit is also for people who have family and social links in Italy, or who suffer from serious physical or mental health issues. The Italian Coast guard, sometimes with the help of private NGO organizations, often coordinate rescue operations of migrants abandoned in the Mediterranean Sea. The “Salvini decree” is the first major legislative act by Interior Minister Matteo Salvini, leader of the populist League party that won 17 percent of the votes in the March 2018 election after campaigning on an anti-migration agenda. But both regularization of the undocumented and the creation of legal pathways for economically driven migrants are highly unlikely considering the securitised migration agenda of the current Italian government. But this goal is impossible to achieve because Italy lacks readmission agreements with most countries of origin of the migrants it wants to send home. The new law extends the amount of time that an asylum-seeker can be detained from three up to 18 months, the maximum time allowed by the EU. Help us continue to fight human rights abuses. Italians and asylum seekers from the local specialized reception center work together to clear debris after floods in Belluno, Italy, November 2018. While the previous government restricted the nation’s reception system to recognized refugees and unaccompanied children, the new decree opens the doors to asylum seekers awaiting a decision. Another group that will be affected by the “Salvini decree” are people whose asylum request is pending; there are currently about 107,500 pending asylum applications in Italy. A main goal of the new law is to send home hundreds of thousands of undocumented migrants. Another major obstacle to Salvini’s plan is the constant and growing demand for foreign workers in Italy’s agricultural sector. Italy’s legislation governing asylum and humanitarian protection includes Law No. Those who had been granted this status received a 2-year, renewable residence permit and the right to work. Italy’s inability to send home most rejected asylum seekers on one hand and its increasing demand for migrant workers on the other have caused the number of foreigners living undocumented in the country to increase since 2013. The decree reduces detention pending deportation to three months from six. 09 Jun. In total last February applications for … Parliament will have a chance to correct that, and make other improvements, when the decree is submitted for parliamentary oversight. Italy was a popular country among migrants who want apply asylum in Europe. Several Italian mayors and governors are challenging a new law introduced by the populist government that cracks down on asylum-seekers. [1] However, asylum seekers should make their application as soon as possible. Most human rights organizations including Amnesty International - Greece have criticized severely the new legislation. The main provision of the new Italian legislation is the abolishment of humanitarian protection, a form of temporary protection issued to asylum applicants who did not qualify for refugee status or for subsidiary protection, but were recognised as vulnerable. Forin, R. Foggia 2016. There are still many unanswered questions about this effort to thwart asylum seekers, but this is what we know so far. It pledged last year to do so, and now the Italian government has restored some humanity to its immigration and asylum system. The rule will require migrants to wait 365 days from the day they file their asylum petition before applying for work authorization, replacing the previous 150-day timeline. United Kingdom Asylum Law Guidelines. According to the Salvini decree, people who had been granted humanitarian protection status will be re-evaluated once their residence permits expire. In 2019, Britain used this system to ask for more than 3,000 transfers, but only 263 were actually made. The number of asylum seekers … The number of foreigners living in Germany increased from 6.7 million in 2005 to 10.9 million in 2018. Close to 900,000 asylum seekers in the EU are waiting to have their claims processed, according to figures from the European statistics office. How did this part of the law work before these new changes? The “Salvini Decree” claims to better control migration and to make Italy more secure. The European Union has proposed an ambitious new plan to deal with the thousands of asylum seekers who continue to arrive on Europe’s shores. Migrants workers going back to the "Ghetto di Rignano", after a day or work in the nearby tomato fields. The Italian government passed a law Wednesday that clamps down on asylum by tightening criteria related to humanitarian grounds … Law No. Ministers are planning a law change to make it harder for adult asylum seekers to pretend to be children, it was revealed today. In Italy there is just one asylum procedure and the asylum claim can be put in at the provincial police station (Questura) or a border police office. This is because of Decree of Matteo Salvini which suspended the cases of asylum seekers who were in Italy with a status based on “Socially Dangerous”. As of 2015 roughly 48 percent of the agricultural workforce (about 405,000 people) were not Italian. To find out if asylum-seekers had already registered in other EU countries, British officials could tap into the bloc's fingerprint database of asylum applicants, EURODAC, and set the ball rolling. The European Union has proposed an ambitious new plan to deal with the thousands of asylum seekers who continue to arrive on Europe’s shores. More rights for migrants for employment permits, LGBTQ rights, and citi ITALY's New Law For Immigration, Asylum Seekers, Work Visa for 2021 - Italy's New Security Decree In practice, considering Italy’s lack of readmission agreements and the lack of provision to regulate employment of foreign workers, it is going to increase the stock of irregular migrants in the country. The construction of prefab-style accommodation at Yarl’s Wood follow a series of damning reports about two former army barracks sites in Kent and Wales being used to hold up to 600 asylum seekers. The 19th of February, the Italian Cassation Court established that the Salvini decree is not retroactively applicable before October 5, 2018, when the new law went into effect. But … Sergio Chiamparino, told … It is unclear how the new ruling will be received and implemented by the regional asylum commissions, but it is likely that the impact of the new restrictive measures over the ending cases will be somewhat lessened by this new ruling, as most of the protection requests that are currently being processed were made prior to the issuing of the new law. All right reserved. Read more: New Italian law adds to unofficial clampdown on aid to asylum seekers Prominent Italians, including the mayors of Milan and Naples, have publicly opposed the new measures on ethical grounds, while the governors of Tuscany and Piedmont have said they will … Henley.....[Read More] 3 Comments . A new law introduced by Italy's hard-right government removes support from tens of thousands of asylum seekers, and will make it more complex — and risky — for NGOs to support them. J Judges to be included in the specialised sections should be appointed on the basis of specific skills acquired through professional experience and training. Furthermore, the decree extends from three to six months the period of time Italian authorities can detain new arrivals while their identities and nationalities are being verified, and allows for the revocation of protection status for those convicted of certain crimes. In the medium/long term, the decree will cause thousands of asylum seekers and people with temporary protection status to lose their residency permit but there is no mechanism to get them to leave Italy. Turkey Visa-Free Entry for Pakistanis? Farmers in Italy, who are economically squeezed by an oligopolistic food industry, have increasingly transitioned from local family labour to foreign workers because the latter are often paid considerably less than the legal minimum wage. The United Kingdom asylum rules and regulations change on a regular basis. Meanwhile, the impact of the “Salvini decree” is starting to be felt. Get updates on human rights issues from around the globe. Several Italian mayors and governors are challenging a new law introduced by the populist government that cracks down on asylum-seekers. One large blot on the decree is the failure to take a clear stand against criminalization of humanitarian activities. A bill proposed by Italy's far-right interior minister applies harsher criteria for asylum seekers was passed Wednesday. They can also apply for asylum at a designated point of entry. Immigration legislation […] However, the restrictive measures will still apply to new arrivals and, more importantly, to those who will have to renew their permits, estimated at approximately 40.000 people over the next two years, whose humanitarian permits will now not be extended. Zampa law: extra budget The new law includes additional budgetary provisions on top of €600 million which the Government of Italy had already allocated in 2016 to municipalities, groups and caregivers to help them cope with the large influx of refugees and migrants in reception centres. Italian Government has set an aim to send 500,000 asylum seekers to their home country. Note: This information is a general guide on asylum law and processes for support. A new immigration law could make it harder for Hong Kongers to flee. 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