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Italy’s New Immigration Measures: Law and Flow Decree

Analysis of the newly approved package on illegal immigration and the 2026-28 flow decree expanding legal migration quotas

by Federico Casanova

In February 2026 the Italian government led by Prime Minister Giorgia Meloni approved a comprehensive package of measures aimed at tightening the management of illegal immigration and at the same time expanding legal channels for foreign labour through the 2026-2028 flow decree.

The new proposals — still subject to parliamentary approval — reflect a dual strategy: on one hand, stronger enforcement and border control; on the other, regulated access for workers deemed necessary to the national economy. This article examines both strands and compares the pre-existing framework with the expected future scenario.

The New Anti-Illegal Immigration Package

The package approved by the Council of Ministers includes measures designed to reduce irregular migration and enhance border security. Key elements are:

  • Naval blockade powers: Authorities would be able to impose a blockade on migrant boats approaching Italian territorial waters for up to 30 days, extendable up to six months in cases of “exceptional migratory pressure” or when national security is at risk (e.g. terrorism threat).
  • Transport to third countries: Migrants intercepted at sea could be transported to third countries with which Italy has specific agreements, aiming to discourage dangerous journeys and reduce arrivals.
  • Enhanced penalties: Boats that violate the blockade rules could face fines (e.g. up to €50,000) and confiscation in repeated violations, with particular focus on vessels operating rescues outside legal frameworks.
  • Border surveillance and deportations: The package strengthens border surveillance and pushes for faster deportations of migrants whose asylum claims are rejected, in line with recent EU asylum reforms.

These measures form part of a broader bill that also implements provisions of the EU Pact on Migration and Asylum, recently adopted at the European level to harmonize asylum procedures and strengthen return policies.

The Flow Decree 2026-2028: Legal Migration Channels

In parallel with enforcement measures, the government has also adopted a new three-year flow decree to regulate legal immigration of workers from non-EU countries. The flow decree — approved by the Council of Ministers in June 2025 and converted into law in December 2025 — establishes quotas for work permits over 2026-28.

Under the decree:

  • A total of 497’550 work visas will be available over the three years, almost 50,000 more than the previous triennial plan.
  • The distribution includes 164’850 permits in 2026, 165’850 in 2027 and 166’850 in 2028.
  • These quotas cover both seasonal and non-seasonal work, with approximately 230’550 for non-seasonal or autonomous jobs and 267’000 for seasonal work in sectors such as agriculture and tourism.

The new flow decree also aims to reduce dependence on the historical “click day” mechanism by introducing more structured and sector-specific channels for labour admission.

Comparison: Old vs New Immigration Framework

Irregular Migration Management before 2026:

  • Italy responded to irregular arrivals using traditional border controls, search and rescue coordination, and international cooperation.
  • Maritime arrivals were managed primarily through patrols and ad hoc interceptions, with limited legal basis for naval interdiction.

Irregular Migration Management after the New Bill:

  • The authority to impose naval blockades, extendable for months, represents a significant legal expansion in maritime border control.
  • The ability to divert intercepted migrants to third countries under specific agreements marks a further shift toward deterrence and externalization of asylum decision-making.This new approach aligns with recent EU policy shifts toward more restrictive asylum processing and enhanced returns.

Legal Immigration via Flow Decrees

Situation before 2026: The flow decrees for previous triennia (e.g., 2023-2025) set annual quotas for legally admitted workers in various categories but generally maintained smaller totals.

Situation after 2026: The 2026-28 decree expands quotas to nearly 500’000 permits, reflecting a stronger focus on regulated economic migration. The planning now explicitly links legal channels with labour market needs (agriculture, tourism, caregiving), aiming to reduce irregular alternatives and labour exploitation.

Policy Rationale and Public Debate

Supporters of the new measures emphasise the need to safeguard national borders, respond to asylum system pressures and protect Italian communities from uncontrolled migratory spikes. They also argue that clear legal channels help disincentivize irregular journeys and reduce human smuggling.

Critics — including humanitarian organizations, some legal experts and parts of the political left — contend that hardline enforcement tools like naval blockades raise legal and ethical concerns, may conflict with international maritime law and risk leaving vulnerable migrants without safe alternatives. They advocate stronger investment in processing capacity and protection pathways within the EU framework.

Regarding the flow decree, some analysts see the expansion of legal admissions as a necessary adaptation to Italy’s demographic and labour market challenges, particularly in sectors with chronic shortages. Others warn that reliance on temporary permits may not sufficiently protect migrant worker rights or lead to long-term integration.

Looking Ahead: Implementation and Challenges

Both the immigration bill and the flow decree will require ongoing parliamentary debate and implementation effort in the coming months. Key issues include establishing bilateral agreements with third countries for migrant processing, aligning national law with EU asylum reform, and ensuring that expanded legal migration channels work effectively in practice.

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