The contentious immigration law is the first collateral victim of the pension reform dilemma. The matter was thought too caustic to debate directly against the backdrop of political and social heat.
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| Immigration Law in France |
On March 22, 2023, Emmanuel Macron said that the measure will be broken into "multiple sections." According to an assistant to the executive, the administration and the majority are now contemplating a "shorter bill and multiple bills," referring to texts filed on the initiative of legislators.
The measure "to regulate immigration and enhance integration," which had been announced for months, was presented in the Council of Ministers on February 1, 2023 by Gérarld Darmanin and Olivier Dussopt, the Ministers of the Interior and Labor. Initially, the text called for a slew of measures to facilitate expulsions, particularly of "delinquent" foreigners, as well as a reform of the right to asylum and an integration component, specifically the regularization of undocumented workers in "shortage jobs" (catering, construction...) where employers are struggling to fill positions.
Intended to seduce both the Republican right, which is increasingly radical on the subject, and the left , which denounces the reception conditions for foreigners, the text ended up angering everyone... and could have required triggering the constitutional weapon of 49.3, which allows its adoption without a vote.
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The bill's parliamentary path began in mid-March with an examination by the Senate Law Committee. The senators had significantly stiffened this first version of the text by adopting a series of modifications that joined in particular some historical stances of the extreme right, such as the hardening of access restrictions to family reunification or the termination of medical help.
Priority is given to criminals for deportation
This is the major point of the measure, on which half of its 25 provisions are focused: to make it easier to expel foreigners who have previously been convicted of "crimes and misdemeanors punishable by 10 years or more of imprisonment."
The government intends to "limit the extent of safeguards against rulings imposing an obligation to leave French territory (OQTF) where the foreigner has committed acts posing a severe threat to public order, public security, or State security." In his sights, the "protections" enjoyed by certain foreigners, particularly those who have lived in France for more than 10 years.
Restructuring the asylum system
A "structural overhaul" of asylum is proposed, with the goal of deporting people more effectively while simultaneously speeding up proceedings.
The State wishes to expand the employment of a single judge to the National Court for the Right of Asylum (CNDA), which, with the exception of "difficult" cases, essentially decides collegially. The article also calls for the establishment of "territorial chambers for the right of asylum," despite the fact that the CNDA is now situated solely in the Paris region.
The French Office for Immigration and Integration (Ofii), the French Office for the Protection of Refugees and Stateless People (Ofpra), and the prefectures are planning "France Asylum" places. The goal is to "shorten the procedure's timeframe by several weeks."
Regularize undocumented workers
According to the administration, the flagship provision ensuring the "balance" of the text is to enable undocumented employees who have been present in the territory for three years to acquire a one-year "jobs in tension" residency permit. For this, the employee must demonstrate that he has worked "for at least eight months" in one of the trades in limited supply, a list of which must be revised because it is out of date.
If the worker is engaged on a permanent contract and has a basic command of French, he may apply for a multi-year residence visa.
Gérald Darmanin said he was open to recommendations for changes to this policy, which crystallizes the right's hostility, and specifically to the concept of "quotas" to limit its reach.
"Physician" is a term used to describe someone who works in a medical setting. This title, which grants you a four-year residency permit, intends to "address the demand to attract competent health staff" such as physicians, midwives, dental surgeons, and pharmacists.
The government also intends to enable asylum seekers to work as soon as they arrive in France where it is "very possible, in view of their nationality, that they would get international protection in France", thereby exempting them from a period of six-month shortfall. The list of nations involved must be specified by decree.
Integration: minimum level of French required
The author Valerie Mazuir is the web editor of French newspaper LesEchos.
Source: LesEchos