Legislative decree on security and migration is published

Legislative Decree No 23/2026 on security and migration was published in the official Gazette. 

Among several novelties, the new decree provides for:

  • Obligation of detained or interned foreigners to cooperate in establishing their identity. Non-cooperation can now affect legal evaluations and immigration decisions.
  • Provisions regarding rejection at the border, expulsion and repatriation. To improve the efficiency, Article 29 establishes that, in the event of repeated violations of removal orders, it is not necessary to issue a new expulsion order, but rather the existing one can proceed directly with enforcement, unless different personal circumstances arise. 
  • Strengthening the network of reception centers and detention centers for repatriation through derogation from most laws (except criminal law) to build, acquire, renovate or expand facilities such as reception centers and detention centers for repatriation (CPR).
  • Simplifying the procedures for notifying applicants for international protection; Now can be informed via certified email (PEC) and lawyer’s PEC if the applicant elects domicile there.
  • Framework agreement between the government and the Swiss Federal Council for the economical support of measures in the field of reception for construction, renovation and acquisition of buildings for migrant reception centres and detention centres.
  • Provisions concerning the humanitarian activities awarded to the Italian Red Cross without following public procurement procedures.
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