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Politics
03 February 2025

Italy's Migration Policy Crumbles Amid Court Rulings

Facing legal challenges, PM Meloni's asylum plan falters as immigrants are returned from Albania.

Italian Prime Minister Giorgia Meloni is facing mounting criticism as her ambitious migration policy has crumbled under legal scrutiny. A recent ruling by Rome's appeals court has rejected the government's plan to send up to 3,000 asylum seekers each month to processing centers in Albania, branding the detainment of these migrants as illegal.

The court's decision led to the return of 43 migrants from Albania to the southern Italian port city of Bari, following their detention at one of the new centers set up by Meloni’s administration. Judicial authorities has stated unequivocally on January 31, these individuals, from countries such as Bangladesh and Egypt, cannot be held abroad if their asylum applications are rejected.

Critics, including leaders from the left-wing Democratic Party and other opposition groups, view the ruling as significant evidence of the failure of Meloni’s migration policy. Democratic Party leader Ellie Schlein stated, 'This ruling serves as the ultimate condemnation of the Maloni government's approach to migration.'

Political commentator Riccardo Magi described the current situation as 'a tombstone for the Maloney government's migration strategy,' highlighting the bleak outlook for Meloni’s pledge to control asylum influxes.

The government’s plan was part of its broader strategy to combat illegal immigration by offshoring the processing of asylum requests. Following several legal setbacks, including prior judgments against earlier attempts to validate detentions, Meloni's government has been forced to rethink their ambitious objectives.

The Albanian model involved Italy establishing processing hubs beyond EU borders, touted initially as part of Meloni's efforts to stem the rising tide of migrants arriving via the Mediterranean Sea. Italian navy ships were employed to transfer asylum seekers to these centers, yet the subsequent detentions did not hold up against judicial review.

On February 2, after the court’s decision came down, Italy’s interior ministry assured the public it would continue to pursue its strategy of handling illegal immigration through partnerships with regional neighbors. This plan was purportedly supported by European counterparts, marking Meloni’s approach as one with promise for cooperative migration management.

Despite such claims of international support, many question whether this model is truly viable. Activists, including those from the Arci association, denounced the initiative as 'a total flop,' indicative of broader systemic issues tied to Italy's immigration policies.

The recent cases before the court reflect historical challenges Italy has encountered with immigration. Judge rulings have consistently underscored the potential danger many migrants face upon repatriation to their home countries, drawing attention to the specific safety of nations like Egypt and Bangladesh. The European Court of Justice is expected to weigh in on related cases at the end of February, potentially complicity the future of Italy’s immigration approach.

Under the agreement with Tirana, the plan was expected to significantly alleviate pressure on Italy, which has struggled with the influx of irregular migration, with already over 3,000 arrivals recorded just last month alone. This number shows renewed activity compared to the previous year’s slower counts, where arrivals had substantially dropped.

With increased arrivals, some lawmakers have criticized the government fiercely for failing to address the root causes of migration and for what they describe as inconsistent enforcement of immigration laws. Chiara Appendino, from the Five-Star Movement, criticized the government's management, pointing out it has not delivered tangible solutions as intended.

The Meloni administration’s difficulties extend beyond judiciary constraints and encompass public dissatisfaction. Calls for Meloni’s resignation have emerged as citizens respond to what they perceive as disarray within the government over migration policies.

Even among Meloni’s allies, some, like Brother of Italy MP Sara Kelany, have expressed frustrations over the court’s decisions. Kelany described the appeals court’s ruling as 'absurd' and dismissive of the migration issue, accusing judges of entangling the administration’s efforts with politicized agendas.

Conversely, the government has reiterated its commitment to pursuing legal routes for combating illegal immigration with expected negotiations and amendments to circumvent current judicial obstacles. Depicting their approach as necessary to maintain both safety and order within Italy’s immigration protocols, Meloni and her administration remain steadfast on this front.

Moving forward, it remains uncertain how Meloni will navigate this increasing pressure from both political rivals and public opinion. The looming decisions from the European Court of Justice may also play a significant role, influencing operational capabilities of the Italian-run centers and determining the future legality of similar initiatives.

Overall, as Italy continues to grapple with the heightened levels of migration, the tensions between the judiciary and the government underlines the complexity of migration policies and the challenges of upholding rights within international agreements.