A preliminary appraisal of the new Italian immigration law

Italian Law no. 40 of March 6 1998 on immigration and foreigners which entered into force on March 27 1998 is a complex and detailed document. The objectives of the law were a more efficacious programming of the immigrant labor flow; the increase of prevention and containment of illegal immigration; and the expansion of the measures for effective integration of foreigners with regular permits to stay. The new law also provides annual planning for the immigration flow on the basis of an appropriate quota established by the government. Various types of wages are also determined for menial jobs and every year Italians and foreigners with regular residence permits may apply within the first 60 days from the publication of the annual quota for these jobs. The new law is extremely strict in the matter of prevention and containment of illegal immigration dealing with not only new arrivals at the border but also with those already illegally in the country. Temporary centers are also set up for their accommodation (but no longer than 30 days) until the expulsions are carried out. The part allowing public security authorities to accompany foreigners to the border for expulsion without prior judiciary review is in violation of the constitutional premise of personal freedom. An illegal alien may also be penalized by immediate expulsion from the country and prohibition of re-entry for at least 5 years. It was estimated that there were 200000 illegal aliens in Italy in 1998. They are supposed to be expelled within 15 days although this can be appealed in the case of minors pregnant women or women with children less than 6 months old the persecuted or persons living with Italian citizens. Another new feature is the residency card.