Combat against illegal immigration

Combating against illegal immigration, also on an international scale, coordination of combat actions at sea and management of foreign nationals’ stay on the territory

The double objective to foster the development of innovative and more effective action strategies with regard to the combating of illegal immigration – with greater repercussions also on the international level – and to manage issues related to the stay of foreigners on the national territory, led to the setting up of a special Central Direcorate devoted to Immigration and Frontiers.

The Central Direcorate for Immigration and Frontiers Police, established in 2002, develops action strategies related to immigration issues, facilitates  impulse and control actions more swiftly and effectively than in the past, enhances the agents’ professionalism and special capabilities..

Furthermore, the Central Direcorate has the  task to collect and examine information on control, prevention and combat activity in relation to illegal immigration by sea, as well as to connect operations carried out by the Navy, by police forces and by port authorities.

The management of the foreigners’ stay on the territory lies within the competence of the Department for Civil Liberties and Immigration.

TEMPORARY STAY CENTRES

Holding and legal assistance

Only those foreigners who comply with entry and stay provisions are entitled to stay on the territory of the Italian State. The foreigner who avoided border controls, who enters illegally or who stays in Italy without being entitled to, is considered illegal and therefore must be removed (art. 10 and 13 of the legislative decree no. 286, 25 July 1998 “Consolidated Act of provisions related to the control of immigration and rules on foreigners’ condition”).

When it is not possible to immediately remove the foreigner, he can be held in a “Temporary Stay and Assistance Centre” (art. 14). This measure is issued by the “Questore” who, within 48 hours since the notification of the act, must transmit this measure to the Justice of the Peace, who is responsible for the place where the centre is located, for its confirmation.

The Judge, having heard the concerned foreigner, if he has appeared in court, and in the presence of the counsel for the defence,  takes this measure within the following 48 hours by grounded decree. In case of confirmation, the foreigner can be held for a maximum period of 60 days; if the measure has not been confirmed, the foreigner must leave the centre.

An appeal against a removal order can be lodged at the Justice of the Peace responsible for the place where the order has been issued, within 60 days since notification. The appeal can be lodged by the concerned person or through the Italian consular mission in the foreigner’s country. Free legal aid is available if the foreigner is not assisted by his own counsel for the defence (art. 13).

The centre is controlled by the police in order to prevent any escape. The centre is placed under the responsibility of the “Prefettura” and is managed by the Italian Red Cross through a Director and different operators the foreigner can address to in case of need.
The centre is attended, on stated hours, by operators from other associations and volunteers’ organizations that, together with the Red Cross, are devoted to the assistance of the foreigners and to provide all complementary services needed to ensure the compliance with the rights provided for by the law.