The immigration bill must be presented Wednesday, February 21 in the Council of Ministers. The text includes some additional protections for legal aliens but also many measures to facilitate deportations.
The "draft law for a controlled immigration and an effective right of asylum" is presented Wednesday, February 21 in the Council of Ministers. The text should then be examined in March in the Committee on Laws in the National Assembly, before being debated in April.
This text should allow "to get out of the current situation where we do not welcome those to whom we must welcome, and we do not take away those who have no title to stay in France," summarized Monday, February 19 Edward Philippe . While it contains some effective rights-enhancement measures, the main point is of a restrictive nature. This is what he plans, according to the version sent to the Council of State.
Some new rights
The main improvement of the law is to increase from one to four years the duration of the residence permit of foreigners who do not have refugee status (which entitles them to a ten-year card) but still obtain "subsidiary protection" From Ofpra. The measure is not anecdotal because in 2016, four out of ten positive asylum decisions resulted in subsidiary protection.
Family reunification for juvenile refugees will be facilitated and open to siblings. Girls facing circumcision and victims of domestic violence will be better protected.
The text also includes a series of articles aimed at improving the attractiveness of France towards highly qualified immigrants, such as student researchers. The "talent passport" will be extended to new categories.
Shortened asylum application processing times
The bill also confirms the desire to shorten the average length of time for processing an asylum application to six months, compared to the current fourteen months, according to the Taché report.
But he does it by hardening certain rules. Thus, it reduces from 120 to 90 days the maximum time to apply for asylum, from the date of entry into the territory. Or from 30 to 15 days the appeal period before the CNDA, the court of appeal that the asylum seeker can seize if it is dismissed. It also extends the use of video-hearing to the CNDA, as for the administrative judge and the judge of freedoms.
Moreover, for nationals of countries considered safe, for whom the processing of the asylum application is already accelerated, the recourse to the CNDA no longer automatically suspends an expulsion decision. Similarly for those who pose a threat to public order.
Asylum seekers required to stay in the area where they are assigned
The text also provides for "a national scheme" which will determine "the share of each region in the reception of asylum seekers". But it also specifies that, once directed in a region, the applicants will be required to "reside there to benefit from the material conditions of the reception". In other words: if they do not do so, they will lose all accommodation but also straight to the ADA, the asylum seeker allowance.
The bill also requires the integrated reception and guidance services (SIAO), which manage the 115, to send each month to the French Office for Immigration and Integration (Ofii) "the list of persons accommodated (...) who have applied for asylum "or obtained protection. It is obviously a matter of changing the law to make possible the census wanted by the highly contested circular Collomb.
irregular ". For example, it stipulates that the right to remain on the ground "ceases as soon as the decision of the CNDA is read in open court", without waiting for a notification. A rejected asylum under the procedure of removal can no longer solicit the stay for another reason, for example medical, except "new circumstances".
The text also creates a "crime of unauthorized crossing the external borders of the Schengen area" punishable by one year in prison, presumably designed to discourage arrivals via Comoros or Guyana. It sanctions identically those who enter France without passing "during opening hours" by one of the approximately 285 border crossing points that now exist on the territory since the state of emergency.
There is also the increase from 16 to 24 hours of the duration of the administrative detention to verify the residence permit. Refusal of fingerprinting will now be prohibited.
Retention more than doubled
Above all, the text clarifies and hardens a very controversial provision: the maximum length of detention will be increased from 45 to 90 days, or even 135 days in some cases. In addition, a foreigner who seeks help for return may be placed in detention. Finally, during his transfer to the detention center, the migrant will no longer have the right to exercise his right to communicate.
The document also strengthens the house arrest and the no return rules.
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