Global migration policy is undergoing a quiet but decisive transformation. Once framed as a humanitarian or sovereignty issue, now it even impacts corporate conduct, with potential criminal liability. Companies and their executives are being reframed as potential facilitators of irregular international migration networks, and hiring foreign workers has evolved into a legal risk that is not only reputational or regulatory, but criminal in nature.
Italy’s “Tajani Decree”, enacted in March 2025, does not address illegal immigration directly. However, it imposes new limits on citizenship by descent, restricting eligibility to only two generations and centralizing all immigration applications in Rome. While administrative in appearance, the measure aligns with a broader legal strategy to restrict mobility through lawful channels. It also strengthens state monitoring through centralized databases that cross-reference civil and immigration records, increasing oversight of family ties and international movement.
In the United States, this restrictive logic was intensified under the Trump administration. From his first term—and now reaffirmed in a third—the federal government expanded border enforcement and implemented criminal penalties targeting employers with undocumented workers. The focus of repression shifted from the migrant to the corporate decision-maker, as illustrated by high-profile cases like Asplundh Tree Experts Co.
In Brazil, despite the humanitarian tone of the Migration Law (Law No. 13,445/2017), Article 232-A of the Penal Code imposes prison sentences on individuals who, by any means, facilitate the illegal stay of foreign nationals. The law provides for individual personal liability, which may extend to executives, including for acts of omission. Industries such as agribusiness, construction, hospitality and logistics are particularly exposed to these risks.
In this evolving context, tools like internal audits, document verification protocols, immigration due diligence and integration with public registries have become cornerstones of corporate criminal defense. Failing to implement such mechanisms is no longer just a compliance lapse—it is a legal vulnerability. In the 21st century, migration is no longer merely a social or economic phenomenon: it is a central variable in corporate criminal risk assessment. Managing it requires more than good intentions—it demands technical preparedness and institutional strategy.