In a significant development for Italy's migration policy, the Italian Senate has passed the 'decreto Flussi,' a comprehensive decree addressing various aspects of migration.

This legislation, now enacted into law, introduces a range of measures impacting both migrants and those involved in managing migration flows.

Central to the decree are articles 5 through 10, championed by Labour Minister Marina Calderone.

These articles aim to protect individuals subjected to illegal labor brokerage and exploitation, commonly known as 'caporalato.' Victims of such exploitation are now eligible to receive six-month renewable residence permits.

The decree also outlines provisions for special assistance aimed at facilitating the social and work integration of workers holding these permits, as well as their relatives up to the second degree.

Financial allocations for these initiatives include €180,000 for 2024, rising to €800,000 annually starting in 2025. Furthermore, workers assisting in exposing labor crimes are entitled to state-sponsored legal assistance, while financial penalties for exploiters have increased from €50,000 to €60,000.

The decree also imposes new restrictions on non-governmental organization (NGO) vessels operating near Italy.

The Minister of the Interior now has the authority to limit or forbid the passage or anchoring of NGO ships in territorial waters for public order and safety reasons, although rescue operations are exempt as clarified in committee reviews.

Non-compliance by ship captains will incur fines ranging from €10,000 to €50,000 and administrative detainment of the vessel for 30 to 60 days.

The accountability can extend to the shipowner and operator, and such actions are subject to issuance by the prefect, with appeals possible through ordinary judicial avenues.

Additionally, harsher penalties apply if a captain or ship operator fails to provide requested information to authorities or comply with instructions, with fines ranging from €2,000 to €10,000 and vessel detention from ten to twenty days.

In terms of air operations, the decree mandates that aircraft, including automated drones operated by NGOs conducting non-emergency search activities, must report any sea emergencies to relevant air traffic services and maritime coordination centers.

Non-compliance with these communication requirements can result in fines of €2,000 to €10,000 and a 20-day administrative grounding of the aircraft, as enforced by Italy’s Civil Aviation Authority (ENAC).

An enhanced identification protocol for migrants arriving irregularly or held in repatriation centers is outlined in Article 12, allowing access to and inspection of migrants' electronic devices when cooperation on identity verification is lacking.

This inspection requires authorization from a police commissioner and must be conducted by law enforcement officers, with strict prohibitions on accessing correspondence data, though identification data, photos, and videos can be examined.

A record of the inspection is to be maintained, and with migrants present along with a cultural mediator, the documentation must be submitted within 48 hours to a justice of the peace or juvenile court for underaged individuals, requiring validation within an additional 48 hours.

Furthermore, an updated 'safe countries' list, merged from a prior governmental decree following an EU Court of Justice ruling, now forms part of this legislation in Article 12 bis.

This list includes 19 countries, such as Albania, Egypt, and Tunisia among others, where origin is deemed safe, providing for expedited processing of international protection applications.

The contentious classification of what constitutes a 'safe country' has led to legal challenges, with notable instances warranting attention from both national courts and the EU judiciary.

This legislation represents a multilayered approach by the Italian government, attempting to balance migrant protection while addressing challenges related to national security and border control.