Welcome to a new episode of the podcast Integration or ReImmigration.
I am Attorney Fabio Loscerbo.
When immigration is understood as a legal process rather than as a static status, integration can no longer be treated as a vague cultural aspiration. It must be framed as a legally relevant obligation. This is the function of the integration agreement: to translate the idea of integration into concrete, verifiable duties that give structure to lawful presence.
The integration agreement was conceived as a rational instrument. Its purpose was not to impose assimilation, but to define minimum conditions for continued stay. Language acquisition, participation in civic life, respect for fundamental rules, and cooperation with public authorities were identified as objective indicators of a functioning legal relationship between the individual and the State.
In theory, this instrument represents a turning point. It acknowledges that integration does not happen automatically, and that the State has the right—and the duty—to assess whether the conditions attached to lawful presence are being respected. Integration, in this sense, is not about identity. It is about legal compatibility.
In practice, however, the integration agreement has often been emptied of its substance. It has been reduced to a symbolic document, signed at the moment of entry or regularization and then forgotten. Obligations are formally stated but rarely enforced. Evaluations are postponed or avoided, and non-compliance is tolerated without consequence. What was designed as a cornerstone of the system becomes a procedural formality.
This failure is not accidental. It reflects a deeper reluctance to link integration with legal consequences. Political discourse has increasingly portrayed integration as a right rather than as a responsibility. Any attempt to enforce obligations has been framed as exclusionary, even when those obligations are minimal and proportionate. As a result, the integration agreement has lost its normative force.
The consequences are severe. When integration is no longer legally meaningful, lawful presence loses its structure. The process described in the previous episode collapses into inertia. Stay continues regardless of conduct, and the State’s capacity to differentiate between successful and failed integration disappears. Integration becomes rhetorical, and enforcement becomes exceptional.
The paradigm Integration or ReImmigration reasserts the original logic of the integration agreement. Obligations must be real, and their violation must have legal consequences. This does not mean automatic removal for minor failures. It means that integration must be assessed seriously, and that persistent non-compliance cannot be neutralized by time alone.
From a legal perspective, this approach is neither radical nor punitive. It mirrors how conditional authorizations function in other areas of administrative law. Licenses, permits, and concessions are granted subject to compliance. When conditions are systematically violated, the authorization is withdrawn. Immigration should not be the only field where conditions exist only on paper.
Reintroducing the integration agreement as a substantive instrument also protects the credibility of protection mechanisms. Conditional forms of protection presuppose that the individual engages in a cooperative relationship with the host State. When that cooperation is absent, or when basic obligations are ignored, the protective measure risks being transformed into a permanent entitlement without legal foundation.
This is particularly relevant in cases where vulnerability is invoked to neutralize any evaluation of conduct. Vulnerability requires protection, but it does not eliminate responsibility. The integration agreement allows the legal system to hold these two dimensions together, rather than allowing one to cancel the other.
By restoring the binding nature of integration obligations, the State regains the ability to differentiate. Integration that is real and measurable can lead to stabilization. Integration that is formally declared but substantively absent leads to a different legal outcome. This differentiation is not discriminatory; it is the essence of equal treatment under the law.
The collapse of the integration agreement has also contributed to a broader erosion of trust. Citizens perceive that rules exist but are not enforced. Migrants receive mixed signals about what is actually required of them. Institutions oscillate between permissiveness and sudden restriction. None of this produces integration.
A functioning system requires clarity. The integration agreement must once again be what it was meant to be: a legal framework that defines expectations, responsibilities, and consequences. Without this framework, the system cannot distinguish between integration and its failure, and ReImmigration becomes politically explosive instead of legally ordinary.
In the next episode, we will move beyond the traditional boundaries of asylum and international protection. We will examine why these categories, as currently applied, are no longer sufficient to govern contemporary migration, and why new legal tools are necessary to avoid the collapse of the system.
Thank you for listening.
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