Italy Expands Migrant Return Assistance Beyond Lawyers, Streamlines Compensation Rules

If you're a migrant in Italy seeking to return home voluntarily, or a legal professional working in immigration, significant changes just took effect that could affect how you access assistance and what it costs.

The Italian Cabinet enacted emergency legislation to address concerns raised by the presidential office about provisions on assisted voluntary returns. The changes expand who can help migrants and restructure how compensation works—a shift that reflects constitutional concerns rather than policy reversal.

Why This Matters

• Wider access to help: The law now allows non-lawyers—other qualified professionals—to assist migrants in voluntary return procedures, not just attorneys.

• Changed payment system: Representatives are now compensated (€615 per case) once paperwork is complete, regardless of whether the migrant actually leaves Italy. Previously, payment only happened after departure.

• Money set aside: €1.4M has been allocated for 2026–2028 to fund these assistance services.

• Real financial support for participants: Migrants participating in voluntary return programs receive a €615 cash grant plus access to reintegration assistance worth up to €2,000 (single adults and heads of household) or €1,000 (dependents) in their country of origin.

What Happened and Why

The government moved quickly to address objections flagged by the presidential palace regarding a clause in the "Security Decree" that had just been approved by Parliament. The concern centered on the original rule: lawyers were only paid if the migrant actually departed Italy. This raised questions about constitutional principles and potential conflicts of interest. President Sergio Mattarella's office recommended the change, prompting the government to act within hours.

The corrective decree eliminates the exclusive reliance on lawyers and removes the departure-dependent payment model. Instead, the law allows qualified professionals beyond lawyers to assist with returns, and compensation now triggers upon completion of administrative procedures rather than actual departure.

Key Changes Explained Simply

Who can help you: Previously only lawyers could assist. Now the Ministry of Interior will define which other professionals qualify as representatives—this will be clarified in a ministerial decree within 60 days.

How they get paid: The €615 payment now goes to representatives when your paperwork is done, not when you board a plane. This removes pressure on vulnerable individuals and the conflict-of-interest concern.

Bar association role removed: References to the National Forensic Council have been removed. The bar association is no longer involved in fee distribution.

Budget for implementation: Just over €1.4M across 2026–2028 (€246,000 this year, €492,000 for each subsequent year) funds representative compensation.

What Assisted Voluntary Returns Are (And Why They Matter)

Assisted voluntary return programs offer foreign nationals a structured pathway home with logistical support, pre-departure counseling, travel arrangements, and reintegration assistance in your country of origin. The programs are managed by the International Organization for Migration (IOM) and other organizations within Italy's official network (RIRVA).

In 2025, Italy processed 675 assisted voluntary returns—up 133% from 290 in 2024. Between 2016 and 2022, roughly 5,800 people used Italian voluntary return programs.

Who Can Apply

You're eligible if you:

• Haven't received a final negative decision on residence or protection applications

• Are residing regularly or irregularly in Italy

• Are a recognized refugee who wants to renounce your status

• Have withdrawn an asylum claim or received a recent denial

• Hold subsidiary or humanitarian protection and want to surrender your permit

• Are a trafficking victim

• Have an expiring or denied temporary permit

You cannot apply if you:

• Are an EU citizen or national of a visa-exempt state

• Previously used assisted return programs

• Are subject to criminal expulsion or covered by arrest warrants

Practical Next Steps

Contact the Ministry of Interior's Department for Civil Liberties and Immigration or IOM through the Italian Network for Assisted Voluntary Return (RIRVA) to check eligibility.

Wait for the ministerial decree (expected within 60 days) to understand which non-lawyer representatives will be available and where to find them.

Get pre-departure counseling to understand reintegration support available in your destination country.

What This Means for Italy's Legal Professionals

Lawyers and advocacy groups have expressed cautious support. The change addresses conflict-of-interest concerns, but questions remain about:

• What oversight mechanisms will govern non-lawyer representatives

• Whether budgets will suffice as voluntary return cases increase

• How to prevent unregulated intermediaries from exploiting the system

Broader Context

This corrective decree is part of Italy's broader "Security Decree," which also includes enhanced police powers, stricter border rules, expansion of reception and return centers, and revised notification procedures for asylum applicants.

For residents and migrants navigating Italy's immigration system, the coming weeks will clarify whether these changes deliver a more transparent framework—or simply shift tensions into a different regulatory space. The ministerial implementing decree within 60 days will be key: it will define exactly which professionals qualify, what training they need, and how payment flows from the state.