The Consolidated Immigration Act, in Articles 18, 18-bis, and 19, expressly provides limits on the authority to adopt expulsion measures, identifying general prohibitions and specific protected categories of individuals, so-called “non-expellable” subjects.

Provisions Regarding Vulnerable Categories – Art. 19 of the Consolidated Immigration Act

In general, expulsion or rejection to a state where the foreigner may be subject to persecution based on race, sex, language, citizenship, religion, political opinions, personal or social conditions, or where there is a risk of being sent to another state where they are not protected from persecution is not permitted under any circumstances. Various protected categories are specified, and individuals belonging to these categories can only be expelled by decision of the Minister of the Interior for reasons of public order or state security.

Beyond this scenario, expulsion is not allowed for:

a) foreigners under 18 years old, except when the minor has the right to accompany the expelled parent or guardian (if expulsion for reasons of public order or state security concerns the minor, the Juvenile Court, rather than the Minister of the Interior, has jurisdiction);

b) foreigners holding a residence permit (who can only be expelled by decision of the Minister of the Interior for reasons of public order or state security);

c) foreigners living with relatives up to the second degree or with an Italian spouse;

d) pregnant women and for the 6 months following childbirth (as well as the husband, cohabiting partner of a pregnant woman, and father living with a child under six months old);

d-bis) foreigners in particularly serious health conditions, confirmed by suitable documentation, that would cause significant harm to their health if returned to their country of origin or provenance.

In such cases, the foreigner must be issued:

in the case of letter a), a residence permit for minors to the underage foreigner; in the case of letter c), a residence permit for family reasons to the foreigner living with relatives up to the 2nd degree or with an Italian spouse; in the case of letters d) and d-bis), a residence permit for medical treatment to foreigners with serious health conditions and to pregnant women or in the first six months of the child’s life.

The rejection or execution of the expulsion of persons with disabilities, the elderly, minors, single-parent families with minor children, or victims of serious psychological, physical, or sexual violence is carried out in a manner compatible with their individual situations, duly verified.

This limitation applies to both expulsions and border rejections.

Domestic Violence – Art. 18-bis of the Consolidated Immigration Act

The residence permit for social protection concerns foreign citizens subject to violence or victims of crimes such as exploitation in prostitution, at work, or targeted begging, or for which immediate arrest is provided (enslavement, human trafficking, sexual violence, etc.), against whom there may be concrete dangers to their safety.

The request for the residence permit for social protection can be made by:

the Public Prosecutor in cases where a criminal proceeding has been initiated concerning acts of violence or severe exploitation against the foreigner. social services of local authorities; associations, organizations, and other entities registered with the Ministry of Labor and Social Policies and authorized to implement programs for the assistance and social protection of foreigners. Upon receipt of the request and verification of the required conditions, the Police Headquarters issues the residence permit.

The requirements to obtain the Residence Permit are:

opinion of the Public Prosecutor, in cases where the Prosecutor provides indications regarding the seriousness and immediacy of the danger; participation of the foreigner in a social assistance and integration program prepared by local authorities or by private entities registered in the special register established at the Ministry of Labor and conventioned with the local authority. For funding of assistance and social integration programs for victims, consult the website of the Department for Equal Opportunities. The residence permit is issued under the designation “special cases” and allows:

access to welfare services and education registration with employment lists for job search performing subordinate work registration with the national health service conversion to a permit for subordinate work access to reception in SIPROIMI (formerly SPRAR)

If the holder of the residence permit, upon its expiration, is employed, the permit can be further extended or renewed for the duration of the same employment relationship. The residence permit can be converted into a permit for work or study purposes if the holder is enrolled in a regular course of study.

The residence permit for social protection can also be issued, upon release from a correctional institution, on the proposal of the public prosecutor or the supervisory judge at the Juvenile Court, to a foreigner who has completed a prison sentence for offenses committed during minority and has demonstrated concrete participation in a social assistance and integration program. These provisions also apply to citizens of EU Member States who are in a situation of seriousness and immediacy of danger.

The residence permit is valid for 6 months and can be renewed for one year or for a longer period as necessary for reasons of justice. It is revoked in case of interruption of the social assistance and integration program or conduct incompatible with its purposes, reported by the Public Prosecutor or, within its competence, by the Social Service of the Local Authority or, in any case, verified by the Police Headquarters, or when the other conditions that justified its issuance are no longer met.

Violence and Serious Exploitation – Art. 18 of the Consolidated Immigration Act

Social Protection under Article 18 is a form of protection for foreign nationals who are victims of violence or serious exploitation, for whom a residence permit for social protection is issued, enabling participation in a social assistance and integration program.

The holder of the residence permit for social protection may be a foreign citizen subjected to violence or serious exploitation, against whom there may be concrete dangers to their safety.

The channels for reporting situations of violence or serious exploitation against foreigners, along with a proposal for issuing a residence permit, are as follows:

local authority social services or associations; private entities authorized to implement programs for the social assistance and protection of foreigners; the Public Prosecutor when the foreigner has made statements in the context of a criminal proceeding related to acts of violence or serious exploitation.

Upon receipt of the proposal and verification of the required conditions, the Police Headquarters issues the residence permit for Special Cases.

The requirements for obtaining the residence permit for social protection are:

opinion of the Public Prosecutor, in cases where the Prosecutor provides indications regarding the seriousness and immediacy of the danger; social assistance and integration program for the foreigner; foreigner’s adherence to the same program. The rights of the holder of the residence permit for social protection include:

access to welfare services; access to education; registration with employment lists; performance of subordinate work, subject to minimum age requirements; conversion to subordinate work possible reception at SIPROIMI The residence permit for social protection under Article 18 of the Immigration Act is valid for 6 months and can be renewed for one year or for a longer period as necessary for reasons of justice. It is revoked in case of interruption of the program or conduct incompatible with its purposes, reported by the Public Prosecutor or, within its competence, by the local authority social service, or otherwise confirmed by the police chief, or when the other conditions justifying its issuance are no longer met.

The residence permit for social protection can be converted:

into a residence permit for subordinate work if, upon the expiration of the residence permit for social protection, the holder is found to be employed; into a residence permit for study if the holder is enrolled in a regular course of study.

Note: The residence permit for social protection may also be issued, upon release from a correctional institution, on the proposal of the Public Prosecutor or the supervisory judge at the Juvenile Court, to a foreign citizen who has completed a prison sentence for offenses committed during minority and has demonstrated concrete participation in a social assistance and integration program. These provisions also apply to citizens of EU Member States who are in a situation of seriousness and immediacy of danger.

Special Cases

Law 132 of December 1, 2018, derived from decree-law 113 of October 4, 2018, effectively abolished the residence permit for “Humanitarian Reasons,” introducing instead certain types of residence permits where a permit for Humanitarian Reasons was previously issued.

Articles 18, 18bis, and 19 of the Consolidated Immigration Act (TUI) 286/1998, as amended by Law 132, now lead to the issuance of a residence permit for “Special Cases” with the following specifics:

A. Social Protection (Art. 18 TUI): victims of violence or serious exploitation with concrete risks to their safety.

Issuing Authority: Police Headquarters (upon proposal by the prosecutor, social services) Duration: 6 months, renewable Work Permit: Yes Conversion to residence permit for work: Yes Mandatory Enrollment in SSN (National Health Service): Yes Possible Reception at SIPROIMI/SPRAR: Yes

B. Victims of Domestic Violence (Art. 18 bis TUI): during police operations, investigations, proceedings for crimes committed in the national territory regarding domestic violence; concrete and current danger resulting from the choice to escape violence or from statements made.

Issuing Authority: Police Headquarters Duration: 1 year Work Permit: Yes Conversion to residence permit for work: Yes Mandatory Enrollment in SSN: Yes Possible Reception at SIPROIMI/SPRAR: Yes

C. Specific Work Exploitation (Art. 22 quater TUI): foreigner who has filed a complaint and cooperates in the criminal proceedings against the employer.

Issuing Authority: Police Headquarters (upon proposal or with favorable opinion of the prosecutor) Duration: 6 months, renewable (for 1 year or more) Work Permit: Yes Conversion to residence permit for work: Yes Mandatory Enrollment in SSN: Yes Possible Reception at SIPROIMI/SPRAR: Yes

The new types of residence permits are as follows:

A. Special Protection (Art. 32.3 Legislative Decree 25/2008): in cases referred to in Art. 19.1 and 19.1.1 TUI (prohibition of expulsion or rejection due to risk of persecution or torture).

Issuing Authority: Territorial Commission forwards the documents to the Police Headquarters Duration: 1 year, renewable (subject to Commission’s opinion) Work Permit: Yes Conversion to residence permit for work: No Mandatory Enrollment in SSN: Yes Possible Reception at SIPROIMI/SPRAR: No

B. Medical Treatment (Art. 19.2 letter d-bis TUI): conditions of particular gravity, suitable documentation from public or private healthcare facility, significant risk to health in case of repatriation.

Issuing Authority: Police Headquarters Duration: As per medical certification (not + 1 year, renewable) Work Permit: Not specified (perhaps) Conversion: Not specified SSN Enrollment: Yes Possible Reception at SIPROIMI/SPRAR: Yes

C. Calamities (Art. 20 bis TUI): Country of repatriation in a situation of contingent and exceptional calamity that does not allow return and stay in safe conditions.

Issuing Authority: Police Headquarters Duration: 6 months, renewable Work Permit: Yes Conversion to residence permit for work: No Mandatory Enrollment in SSN: Only if working or registered in job placement lists Possible Reception at SIPROIMI/SPRAR: Yes

D. Acts of Particular Civil Value (Art. 42 bis TUI): Rewarding purpose, see Law 13/1958.

Issuing Authority: Proposed by the Prefect, authorized by the Ministry of the Interior, issued by the Police Headquarters Duration: 2 years, renewable Work Permit: Yes Conversion to residence permit for work: Yes Mandatory Enrollment in SSN: Only if working or registered in job placement lists Possible Reception at SIPROIMI/SPRAR: Yes