{"id":6955,"date":"2025-02-10T16:00:11","date_gmt":"2025-02-10T15:00:11","guid":{"rendered":"https:\/\/www.rivistaeco.com\/?p=6955"},"modified":"2025-02-10T16:00:11","modified_gmt":"2025-02-10T15:00:11","slug":"a-brief-sad-history-of-immigration-laws","status":"publish","type":"post","link":"https:\/\/www.rivistaeco.com\/en\/2025\/02\/10\/a-brief-sad-history-of-immigration-laws\/","title":{"rendered":"A Brief (Sad) History of Immigration Laws"},"content":{"rendered":"

Italy needs young workers to offset demographic decline and an aging population. However, a brief history of immigration laws reveals that our political class has failed to devise realistic procedures to encourage labor immigration. Over the past decade, it has developed outright hostility toward economic migrants, treating them as fraudulent asylum seekers.<\/em><\/p>\n

 <\/p>\n

If a Martian landed in Italy, they would quickly notice the demographic decline and aging population. This would lead them to expect a favorable attitude toward young foreigners hoping to enter our country in search of work. However, the Martian would soon discover that the government\u2019s primary goal is to promptly identify these “economic” migrants among those landing on our shores and deport them as quickly as possible.<\/p>\n

Let us examine how this contradiction came to be.<\/p>\n

The Original Sin of Nominal Sponsorship<\/strong><\/h3>\n

In Italy, the number of immigrants has exceeded the number of emigrants since the late 1980s. The first immigration law dates back to 1986. It vaguely outlines a framework for labor market access. It assumes that foreign workers still abroad must generally be recruited from a special placement list, although no one explains how they might register for such a list. This leaves only the option of nominal sponsorship, permitted in cases where it is allowed for Italians during that period, particularly for personal care services.<\/p>\n

A problem arises: these roles require a direct relationship between the employer and the worker to establish trust, which is nearly impossible for a worker residing abroad.<\/p>\n

The flaw could have been corrected by the Martelli Law of 1990, which, while allowing for greater flexibility in managing labor entry flows, reiterates that foreign workers are only authorized to enter Italy after being nominally sponsored by an employer.<\/p>\n

The Turco-Napolitano Law<\/strong><\/h3>\n

In 1998, the Turco-Napolitano Law was passed. It directly regulated the entry of workers, leaving the government responsible for setting maximum quotas for each category (the so-called “quotas”).<\/p>\n

During the preparatory phase, a clash emerged between the perspectives of ministry officials drafting the bill and those of non-governmental organizations (NGOs) who persuaded some parliamentarians to propose alternative texts. Ministry officials sought to maintain the nominal sponsorship mechanism, which appeared to offer migrants a clear integration path from the outset. NGOs, however, understood that for foreigners to participate in the labor market, they needed the opportunity to seek work on-site.<\/p>\n

NGOs were aware that nominal sponsorship of a worker from abroad was almost always the result of a meeting in Italy between an employer and a foreigner who had arrived, for example, on a tourist visa. This process was harmful and inefficient because it forced foreigners to overstay illegally, work in the black market, and return to their home country before formally re-entering Italy via nominal sponsorship.<\/p>\n

The government\u2019s bill did include a provision for job searching on-site, linked to sponsorship, whereby a resident in Italy guarantees the worker\u2019s sustenance until they achieve independence. Once again, however, this option required a close connection with someone already well-established in Italy. Without such a sponsor, the worker had no legal entry options and was forced to circumvent the rules.<\/p>\n

The Short Life of Job-Seeking Entry<\/strong><\/h3>\n

NGOs succeeded in convincing the government to introduce, on a residual basis, the possibility for foreigners demonstrating self-sufficiency to enter Italy to seek work. However, this provision could only be implemented under two conditions: if, two months after the quotas were set, those reserved for sponsorship were not yet filled, and if interested workers registered on special lists at consulates.<\/p>\n

These lists were never created, and the quotas set were very limited, so only a few workers, within the framework of experimental collaborations with certain countries (particularly in Albania by the International Organization for Migration), successfully utilized this job-seeking entry provision. The entire job-seeking framework was later abolished by the Bossi-Fini Law of 2002, which replaced it with the option for workers trained in their home country by Italian entities. This proved costly and negligible in numerical terms.<\/p>\n

A Bit of Rationality<\/strong><\/h3>\n

The new law retained the nominal sponsorship channel, slightly burdened by insubstantial bureaucratic requirements. Through this channel, workers whose sponsorships fell within the annually determined quotas could secure legal residency and employment. In principle, nothing would prevent the government from setting quotas only after collecting actual requests from employers. This approach would systematically reduce the pool of illegal residents, at least those employers were willing to regularize. However, this idea remained unorthodox for Italian policymakers, at least until 2006.<\/p>\n

That year, the Prodi II government succeeded the third Berlusconi government. The outgoing administration had set a maximum quota of approximately 120,000 entries for subordinate labor, but nearly 470,000 requests were submitted. The new government therefore issued a second decree to accommodate all surplus requests.<\/p>\n

It seemed that some rationality was finally influencing migration policy. Indeed, the government introduced a bill aimed at addressing the gaps in the existing legislation. It revived the idea of sponsorship and, most importantly, job-seeking entry for self-sufficient foreigners without requiring reservation lists at individual consulates. Unfortunately, the bill was derailed by a government crisis and the subsequent end of the legislature. This also ended the recently tested practice of setting quotas based on actual employer requests. To address irregularity, frequent amnesty measures were adopted, increasingly tied to proof of existing employment relationships.<\/p>\n

 <\/p>\n

Amnesties and Subordinate Work Entry<\/strong><\/p>\n

\"\"
Note: The figure illustrates the number of foreign workers admitted under quotas set by the flow decree (red columns) compared to foreigners regularized by amnesty measures (blue columns). It highlights the 2002 amnesty following the Bossi-Fini Law, the inclusion of pending requests under the 2006 flow decrees, and the sharp reduction in quotas from 2011\u20132021. Source: Ministry of the Interior.<\/figcaption><\/figure>\n

 <\/p>\n

The Free Movement of EU Workers<\/strong><\/h3>\n

There has been no further discussion of substantial changes to labor entry rules. Yet, since 2007, the regulations on free movement have allowed EU citizens to enter Italy to seek employment, with no time limit, provided they register with employment centers and do not refuse offers of training or work.<\/p>\n

These rules have not triggered any social alarm. On the contrary: when Romania joined the EU in 2007, the number of Romanian residents in Italy rose from 342,000 to 625,000. No longer forced to live in prolonged illegality, they proved\u2014beyond propaganda\u2014not to pose any threat.<\/p>\n

Nevertheless, no political party has proposed extending similar regulations, with appropriate adjustments, to workers arriving from non-EU countries. Ironically, the fourth Berlusconi government, which introduced the crime of illegal residency, exempted foreigners from penalties if their irregular status was identified during outbound border checks. This effectively institutionalized the misuse of nominal sponsorship: workers for whom an employer had submitted a request could leave Italy without risking sanctions and re-enter with a work visa.<\/p>\n

The Blurring of Migration Flows<\/strong><\/h3>\n

The Italian-style nominal sponsorship system only works for foreigners who obtain a tourist visa or are exempt from visa requirements. For workers from countries deemed \u201cmigration risks,\u201d obtaining such a visa is extremely difficult. This leaves many with no option but to rely on risky sea crossings managed by traffickers.<\/p>\n

This situation became evident after 2011, largely due to political instability in Arab countries.<\/p>\n

Initially, those landing on Italian shores or rescued at sea often managed to disappear, placing themselves in a situation similar to that of \u201ctourists\u201d overstaying illegally. Even after a significant delay, their prospects of obtaining a residence permit for work remained relatively unchanged.<\/p>\n

From 2015, however, the European Union imposed the immediate identification of all migrants arriving by sea. Once identified, and to avoid deportation, migrants had no choice but to apply for asylum, even if their primary intention was to work. As a result, part of the flow of economic migration became mixed with those genuinely seeking protection from persecution or war.<\/p>\n

The Witch Hunt<\/strong><\/h3>\n

The economic migrant who resorts to an asylum application became a scapegoat targeted by almost every Italian government since then (Renzi, Gentiloni, Conte I, Meloni). Maritime rescues were obstructed, asylum applications and deportations were handled more summarily wherever claims were presumed baseless, and agreements were sought with African countries to halt departures.<\/p>\n

Control over borders was outsourced, even to the extent of treating detention centers in Albania as extensions of Italy\u2019s borders. While the Conte II and Draghi governments attempted to moderate this witch hunt, they dared not introduce reforms that would render asylum claims unnecessary for foreign workers.<\/p>\n

Meanwhile, the Martian has done some calculations: from 2013 to 2023, Italy\u2019s resident population decreased by 1.8 million. During the same period, 1.07 million foreigners landed on Italian shores. Of these, 270,000 were granted asylum. Even if the remaining 800,000 had been authorized to stay, the population decline would still have amounted to 1 million.<\/p>\n

The Martian also thinks that the challenges faced by the excluded during their journeys demonstrate, better than any motivational interview, their extraordinary determination to integrate positively into Italian society. At this point, the Martian decides to leave in search of more intelligent forms of life.<\/p>\n

 <\/p>\n

Sergio Briguglio is a plasma physicist and research director at ENEA. In the 1990s, he contributed to reforms of Italy\u2019s immigration laws. His archive (briguglio.asgi.it) contains significant documentation on immigration and asylum from 1992 to 2017.<\/em><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

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