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. All right reserved. 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. Most of them live in degrading and unsanitary conditions, and frequently face exploitative working conditions, including having their identity documents confiscated by mafia-like middlemen called ‘caporali’ and being subjected to severe abuse and forced labour. According to Italian law, there is no formal timeframe for making an asylum application. 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 decree reduces detention pending deportation to three months from six. 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. Parliament will have a chance to correct that, and make other improvements, when the decree is submitted for parliamentary oversight. He always stood clear for his policies ever since he came into action back in Summer 2018. The current government has delayed disembarkations and impounded rescue vessels on administrative grounds. Forin, R. Foggia 2016. In total last February applications for … They can also apply for asylum at a designated point of entry. 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. Henley.....[Read More] 3 Comments . About 344,000 of these foreigners were employed without a contract, according to a 2018 study by the European Policy Institute. Between 2013 and 2017 Italy managed to repatriate only 20 percent of all rejected asylum applicants, and in the second half of 2018 returns were 20 percent lower than during the same period of 2017. Another major obstacle to Salvini’s plan is the constant and growing demand for foreign workers in Italy’s agricultural sector. The decree, adopted October 5, essentially re-establishes in Italian law the residency permit on humanitarian grounds that Salvini abolished in 2018, now called “special protection.” This two-year permit is for people who don’t qualify for asylum, but who shouldn’t be sent away because they would face a risk of torture or inhuman or degrading treatment. 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. 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”. The number of foreigners living in Germany increased from 6.7 million in 2005 to 10.9 million in 2018. Migrants workers going back to the "Ghetto di Rignano", after a day or work in the nearby tomato fields. 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. Several Italian mayors and governors are challenging a new law introduced by the populist government that cracks down on asylum-seekers. Human Rights Watch is a 501(C)(3) nonprofit registered in the US under EIN: 13-2875808, (Acting) Deputy Director, Europe and Central Asia Division. 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. One large blot on the decree is the failure to take a clear stand against criminalization of humanitarian activities. 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. 47 of 2017 on unaccompanied foreign minors. 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. Asylum Procedure. 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. Federal law states that anyone can apply for asylum on U.S. soil, regardless of immigration status. 47 of 2017 defines “unaccompanied foreign minors” as minors who are not Italian or EU citizens, who for whatever reason are found in Italian territory or are subject to Italian jurisdiction, and who lack the assistance or representation of their parents or other adults who would be responsible for them according to Italian legislation.Law No. Crucially, the decree allows people to convert this and other short-term residency permits into longer-term residency permits based on employment. Decree Law 13/2017, implemented by L 46/2017, has established specialised sections in the Civil Courts, responsible for immigration, asylum and free movement of EU citizens’ cases. [1] Following the ruling of the Italian Cassation Court, the elimination of the humanitarian protection will not apply to pending cases and therefore this number should go down to 40.000 individuals (see graph 1 here). The decree also stipulates that people whose asylum process is being examined cannot obtain an identification document, which in Italy is a precondition for signing an employment contract, renting a house, opening a bank account, accessing public housing, enrolling to public health care, and applying for welfare subsidies. 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. 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. Abolishing humanitarian protection is significant because in the past few years it had been the most common form of protection in Italy; it was granted to about 100,000 asylum seekers since 2008, including a quarter of all applicants in 2017. 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 decree isn’t perfect, but it’s a step in the right direction. Italian Senate passes the “Security Decree” even after having great tensions. Turkey Visa-Free Entry for Pakistanis? 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 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. 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. The United Kingdom asylum rules and regulations change on a regular basis. The categories below list the benefits that asylum seekers get in the United Kingdom. The government chose to reduce from 1 million to 50,000 euros, rather than eliminate, the noxious fines on ships that perform search-and-rescue at sea. 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. According to Matteo Villa, a researcher of the Italian Institute for International Political Studies, the “Salvini decree” will cause the number of undocumented migrants in Italy to spike even more. © 2021 Mixed Migration Centre. 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. Italy's parliament approved on Tuesday measures to accelerate asylum procedures, cutting the number of possible appeals and speeding up deportations of rejected migrants. 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. 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. J Judges to be included in the specialised sections should be appointed on the basis of specific skills acquired through professional experience and training. 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. Italy’s legislation governing asylum and humanitarian protection includes Law No. 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. Join our movement today. Get updates on human rights issues from around the globe. 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. 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? Piedmont Gov. Who can apply for asylum. Aug. Italy has finally announced its new Immigration and Asylum laws bringing more compact system for the government to handle asylum seekers. There are still many unanswered questions about this effort to thwart asylum seekers, but this is what we know so far. Application According to Italian law, there is no formal timeframe for making an asylum application. You should contact a legal adviser before making any decisions. Makes asylum seekers who file their asylum applications more than 1 year after their arrival into the United States ineligible for an EAD. They suggest that Italy offer African countries an annual contingent of regular visas in return for their cooperation on readmission agreements. The new listing has been published. The majority of applications for asylum, according to data of the Interior Ministry, come from countries in sub-Saharan Africa (Gambia, Senegal and Nigeria occupy the top three positions in the list of countries of origin of asylum seekers in Italy). It pledged last year to do so, and now the Italian government has restored some humanity to its immigration and asylum system. Meanwhile, the impact of the “Salvini decree” is starting to be felt. 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. 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. At the same time, the Italian agriculture sector’s growing reliance on undocumented foreign workers incentivizes migrants to come or stay in Italy, exposes them to dangers, and hinders the country’s economy. Currently, asylum seekers must wait 150 days after submitting their asylum application before filing an … 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 … 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 … Close to 900,000 asylum seekers in the EU are waiting to have their claims processed, according to figures from the European statistics office. A main goal of the new law is to send home hundreds of thousands of undocumented migrants. 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. Many cannot be returned to their homelands because Italy does not have readmissions agreements with most of the relevant countries in Africa. A new immigration law could make it harder for Hong Kongers to flee. However, asylum seekers should make their application as soon as possible. the ending cases will be somewhat lessened by this new ruling, estimated at approximately 40.000 people over the next two years, growing demand for foreign workers in Italy’s agricultural sector. But … 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. Immigration legislation […] The Italian government passed a law Wednesday that clamps down on asylum by tightening criteria related to humanitarian grounds … 09 Jun. Italian Government has set an aim to send 500,000 asylum seekers to their home country. 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. Italian far-right interior minister Matteo Salvini has been the biggest change ever as for as refugees laws and rights are concerned in Italy. The permit is also for people who have family and social links in Italy, or who suffer from serious physical or mental health issues. 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. ... ahead of Italy … 47 contains the following protect… 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. 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. Italy’s Democratic Party-Five Star Movement coalition government should revoke anti-asylum and anti-rescue measures held over from the previous government, Human Rights Watch … Law No. By one estimate, more than 37,000 people became undocumented since 2018 because humanitarian permits were abolished. In sum, the analysis shows that the decree will likely cause more problems than it solves. 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. 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. As of 2015 roughly 48 percent of the agricultural workforce (about 405,000 people) were not Italian. 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. The law sets up a protection system for asylum requesters and refugees that pivots around local entities dedicated to the assistance of these persons. 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. Please give now to support our work, New Decree Rolls Back Some of the Worst Aspects of Immigration Policy. 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. United Kingdom Asylum Law Guidelines. ", worst policies imposed by the previous interior minister, Constitutional Court ruling this past July, six United Nations human rights authorities. Those who had been granted this status received a 2-year, renewable residence permit and the right to work. 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 … 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. How did this part of the law work before these new changes? 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 Ministry of the Interior appropriates funds annually to this effect.To expedite the protection system for asylum requesters, refugees, and foreigners with humanitarian permits, and to facilitate the coordination of this protection system at the national level, the Ministry of the Interior was empowered to create SPRAR for the purpose of providing information to, pro… In January, more than 500 people were ousted from a refugee reception centre in a town close to Rome, and Salvini announced his intent to shut down Italy’s largest reception centre – which houses 1300 people – within a year. The Treatment of Unaccompanied Migrant Children in the French Hautes-Alpes, EU Policies Contribute to Abuse of Migrants in Libya, Human Rights Watch defends the rights of people in 90 countries worldwide, spotlighting abuses and bringing perpetrators to justice. 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. Italy’s New Asylum Legislation: toward a better migration management? The Italian Coast guard, sometimes with the help of private NGO organizations, often coordinate rescue operations of migrants abandoned in the Mediterranean Sea. Trending Topics. Help us continue to fight human rights abuses. 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. 10 Jan. Visa and Immigration News EU Countries Announce Changes in EU Blue Card Salary ... What does it take to get a residence permit of Italy under new law decree.....[Read More] 2 Comments . Before discussing the specifics of the law, a technical observation is in order. Sergio Chiamparino, told … 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. 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 Note: This information is a general guide on asylum law and processes for support. According to the Salvini decree, people who had been granted humanitarian protection status will be re-evaluated once their residence permits expire. It is therefore highly doubtful that it will lead to better governance of mixed migration in Italy. But … The decrees and laws eviscerated Italy’s asylum procedure and reception system, and formalized Salvini’s “closed ports” policy, which blocked boats … Italians and asylum seekers from the local specialized reception center work together to clear debris after floods in Belluno, Italy, November 2018. Sergio Chiamparino, told … [1] However, asylum seekers should make their application as soon as possible. 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. 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.”. But it looks it would become a worst place for asylum seekers in very near future. This will help prevent people falling into undocumented status. Italy was a popular country among migrants who want apply asylum in Europe. Instead of humanitarian protection status, the Salvini decree introduces “special permits” for specific foreigners who prove to be victims … In 2019, Britain used this system to ask for more than 3,000 transfers, but only 263 were actually made. 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. 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 law mainly will help asylum seekers (asylbewerber) in Germany to finally convert their status into proper visa of 2.5 years. The number of asylum seekers … Because Italy’s Rightwing Government making very strict policies against asylum seekers. A bill proposed by Italy's far-right interior minister applies harsher criteria for asylum seekers was passed Wednesday. Several Italian mayors and governors are challenging a new law introduced by the populist government that cracks down on asylum-seekers. Most human rights organizations including Amnesty International - Greece have criticized severely the new legislation. 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. Ministers are planning a law change to make it harder for adult asylum seekers to pretend to be children, it was revealed today. 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. Villa calculated that about 70,000 people[1] are at risk of becoming irregulars in Italy by end-2020 due to the elimination of humanitarian protection – leading the number of foreigners living irregularly in Italy to climb to 670,000. submission of asylum requests The “Salvini Decree” claims to better control migration and to make Italy more secure. Piedmont Gov. 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. Residency permits based on employment the Italian government has delayed disembarkations and impounded rescue vessels on administrative grounds Italy. Severely the new legislation are still many unanswered questions about this effort to thwart asylum in. Decree will likely cause more problems than it solves want apply asylum in.... 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