The Minister for Justice is awaiting advice from the Attorney General before deciding whether to appeal a ruling by the High Court which found certain provisions of immigration legislation were unconstitutional.
Mr Michael McDowell said at the European justice ministers' meeting in Dublin Castle that the Government would be introducing amended legislation, but had not yet ruled out an appeal.
Speaking to ireland.comthis afternoon, a spokesperson for the Department of Justice said pending clarification of yesterday's ruling, new legislation could be introduced if required.
The ruling by Ms Justice Finlay Geoghegan - which will have serious implications for the way Gardaí deal with immigrants - means a garda can no longer stop and demand the production of relevant documentation from non-nationals suspected of overstaying a work visa.
The registration process undertaken by non-nationals entering the country will no longer have a legal basis and gardai will not have the power to impose certain conditions on legal immigrants arriving in Ireland.
The Garda Immigration Bureau said it was seeking legal advice on the matter.
The spokesperson from the Department of Justice noted Judge Geoghegan's ruling only affected immigrants whose legal work permits had expired and not those working in the black economy.
Workers whose permits have expired but who wish to continue working in Ireland can apply for an extension and are usually accommodated. Over 40,000 work permits were issued last year alone.
The High Court declared unconstitutional provisions of the Aliens Order 1946 that allow immigration officers search and detain aliens arriving in the State.
Ms Justice Geoghegan also held that Section 5.1.h of the Aliens Act 1935 - which requires aliens to comply with provisions regarding registration, change of abode, travelling, employment and other matters - is unconstitutional.
The court also found part of the Immigration Act 1999 was not enacted as set out in the Constitution.