Italy’s coalition government has tabled an amendment to Decree-Law 100/2026 that would sharply extend the period a migrant can be held during accelerated border-return procedures. Under current rules inspired by the new EU Migration & Asylum Pact, people refused entry may be detained for up to four weeks while their repatriation is organised. The executive now wants police prefects to be able to request a further three-month extension—bringing the ceiling to 16 weeks—whenever there is a concrete risk of absconding or obstruction of removal formalities. If the change is approved by Parliament in the coming days, judges in the specialised immigration chambers of the relevant territorial court—not the Court of Appeal as at present—will have to validate each extension. The government argues that a longer time-frame is essential to secure consular documents from origin countries and to avoid releasing people who ultimately disappear from the system. Critics, including several humanitarian NGOs and the Italian magistrates’ association, warn that prolonged administrative detention raises proportionality and fundamental-rights concerns, particularly because suitable alternatives such as reporting obligations are seldom used. For corporate mobility managers the move could mean tighter exit-management timelines for failed assignees and family members who overstay, and an increased compliance burden for transport operators obliged to carry out fit-to-fly checks. Employers that rely on seasonal non-EU labour also fear it could sour bilateral negotiations on readmission, potentially slowing future quota allocations. In practical terms, companies sponsoring business visitors should expect more robust border interviews and should ensure travellers carry proof of onward travel, accommodation and health-insurance coverage. Relocation providers are advising clients to budget extra lead-time for any in-country conversions of status, as overstays could more easily trigger detention under the revised framework. The amendment is likely to be put to a confidence vote before Parliament’s summer recess, meaning the new 120-day limit could enter into force as early as mid-August.
Source: Stranieri in Italia
