Just a few days after the announcement of the decision of the Spanish Prime Minister, Pedro Sánchez, to proceed with the legalization of approximately 500,000 previously illegal migrants, as a measure to resolve the demographic gap, cover labor shortages, and generally manage illegal migration in his country, the Italian Council of Ministers approved on 12/02/2026 the new bill for the fight against illegal migration, focusing on the management of disproportionate flows in a time of increased migratory pressure.
Rome raises the drawbridge
In essence, this is the consolidation of an even stricter framework that, through 17 articles, gives the Italian authorities freedom of movement and the ability to overcome administrative obstacles that until recently erected barriers to the operational response of the competent authorities against smuggling networks.
In particular, the bill in question specifically refers to situations considered to pose a serious threat to public order or national security, such as the risk of terrorist acts or the intrusion of criminal elements, for which a ban on entry into Italian territorial waters is foreseen for a period of 30 days to 6 months.
In addition, in periods of exceptional migratory pressure, during which the secure management of the borders may be undermined, a naval blockade is foreseen as a possible response measure.
Offshore processing returns to the forefront
It is worth mentioning that in the aforementioned cases, third-country nationals who are arrested at sea can be transferred either to their country of origin or even to third countries, provided that Italy has concluded bilateral agreements with those countries for the purpose of receiving and administratively detaining these individuals in specific centers.
This fact, in practice, reactivates the two centers that had been built in Albania within the framework of the Italian-Albanian cooperation memorandum, for the operation of which Italy had previously faced a series of legal issues regarding their compatibility with international law.
In cases where a violation of the above provisions is found, strict financial fines of up to 50,000 euros are provided for, as well as seizure of the vessel if the violations continue.
NGOs under pressure
This is clearly a set of measures that acts as a restriction against the uncontrolled activity of NGOs, which carry out search and rescue operations with their own vessels both in international waters and within Italian territorial waters, essentially functioning as an additional pull factor.
In addition, there are articles in the bill that increase the conditions for the provision of so-called special protection, among which certified knowledge of the Italian language, sufficient financial means of self-support while living in Italian territory, and residence conditions that ensure health standards are considered prerequisites.
Equally worthy of mention is the legislative provision for the expansion of cases of deportation of migrants who have a criminal record, having been convicted of serious crimes, such as the use of violence or threats against public officials and participation in riots in Reception and Identification Centers.
Meloni’s strategic vindication
The adoption of the Italian bill came just one day after the European Parliament approved the list of safe countries of origin and the regulation implementing the concept of a “safe third country.”
This is not a coincidence, as it constitutes a partial vindication of the Italian Prime Minister, Giorgia Meloni, who from the first days of taking office based her migration strategy on two specific pillars: the protection of maritime borders at all costs and the offshore processing of asylum applications.
Rome now has every reason to celebrate, provided that the bill is approved by the Italian Parliament, as this is expected to remove the inhibiting factors that for years have acted as a brake on the active deterrence and protection of Italian borders, which are under considerable pressure as the last link in the Central Mediterranean route connecting Libya, Tunisia, Malta, and Italy.
The Pact and the European fault line
At a time when her Spanish counterpart is choosing to promote the mass legalization of illegal residents as an antidote to addressing major social issues—most notably the need to find personnel in critical sectors of the Spanish economy—Meloni continues to be consistent with her migration policy, which is also one of the main factors of her popularity in the Italian political scene.
This consistency of Italian policy is aligned both with the general wind blowing in the majority of Member States (and transatlantic partners) and with the spirit and letter of the new Pact on Migration and Asylum, which, by focusing on border procedures, including return procedures for third-country nationals who do not need international protection, attempts to put an end to massive and uncontrolled migration.
The paradox is that initiatives such as those of Sánchez, just five months before the full implementation of the Pact, confirm the divergence of opinions and the multilateralism of approaches within the EU, as they stand at the opposite end, openly promoting a “relaxation” of the agreements and acting as an incentive to split the united front—regardless of whether the logic of the measures is correct at the national level and whether their effectiveness is likely.
This dimension reflects that the front of the Member States in the management of illegal migration is not unbreakable and that, for the umpteenth time, national specificities require Member States to take individual measures of a national nature in accordance with their national priorities and policies, as shaped under the pressure of public opinion.
* Marios Kaleas is General Director of the Greek Asylum Service and Vice-President of the Management Board of the European Agency for Asylum (EUAA).
Disclaimer
This article expresses exclusively the personal views of the author and in no way reflects or expresses the official policy or administrative practices of the Greek State, the Greek authorities, or the European Union Agency for Asylum (EUAA).