Countries in the EU are to be allowed to imprison any migrant found to have re-entered the country after having been expelled.
The judgement comes from the European Court of Justice. It had been considering the case of an Albanian national who was deported from Italy in 2012 but breached a three-year entry ban by returning to Italy.
The judges ruled that Italian legislation which allows for a prison sentence of between one and four years for such an offence is consistent with EU law.
The decision is likely to be closely monitored across the EU where more than half a million migrants have appeared so far this year.
Some of the migrants are eligible for asylum protection, such as those fleeing from civil war or persecution. Others who are deemed to have migrated for economic reasons may be returned to their country of origin.
Now, should any return, they may be jailed.
The decision, however, means that there will still be additional strains on taxpayers and on prison and health systems.