For each weight its measurement. Soon debated Monday in the National Assembly, the bill on the right of foreigners, wants swung like a Calder mobile. That’s the message that strive to get the Interior Ministry and PS deputies who worked on its development. All have the word “balance” at the mouth. Beauvau ensures that this second text immigration – which comes in session five days after the final adoption of the law on asylum – “It’s the balance between three objectives presiding” . “better accommodate foreigners who entered the country legally, attract talent and to fight against illegal immigration” Reporter text, Erwann Binet (PS) considers him “balanced, restoring dignity, means for integration and firmness to enforce the law and court decisions. “ On the one hand, it grants new rights to legal aliens (as extended stay , access to a judge retention), on the other, some bolts are tightened (action against fraud more effective removal measures).
This meticulous dosage he convinces? The answer is necessarily mixed. The advocate, Jacques Toubon, saluted mid-June “some progress for foreigners in terms of access to the law,” but he thought “offset by measures more . Restrictive “ The associations recognize progress – that were not difficult to make as we left far with immigration laws passed during Sarkozy five years. Pierre Henry (France Terre d’asile) is still a little hungry: “Anything that puts away the distrust of foreigners is a very good idea but as it stands, the text is minimalist in terms of progress. “” The few progressions refer to so many pledges that it cancels or reduces the improvements, “ even says Jean-Claude Mas. The secretary general of the Cimade (solidarity association with migrants, refugees and asylum seekers) do not hesitate to discuss a text that “is part of the migration policies of previous majorities”.
However, the debate in the Chamber should be a archiclassique left-right divide. Speaker for the group Republicans (LR), Guillaume Larrivé castigates “falsely generous posture of a right-thinking left” “It would be different with unemployment at 4%, no problem ! to fit into globalization, but we’re not in 1960 “ The majority, she claims a pragmatic discourse: ” By hosting evil aliens, France derives no benefit flows migration. Here, we assume that our country is crossed mobility “, says Sandrine Mazetier (PS).
Erwann Binet, ” France is a country of immigration, even if many politicians have not seen. “ The residence permit valid for ten years, which was founded in 1984, was ” a first step towards acceptance, “ recall Does it, signing the bill “in continuity” A speech not so uninhibited, grade Denys Robiliard, MP from the left of the PS has tabled several amendments. “We does not return to the spirit of the 1984 Act it is possible, but we do not dare. Bernard Cazeneuve present things in terms of balance but migration policy can think in terms of progress without having to ask counterparties. “
A multiyear map
This is the key measure of the text. A multiyear map is created, deliverable as a result of a residence permit of one year. With this Sesame valid for two to four years, an immigrant in a regular situation will be spared the endless queues at the prefecture six or seven times a year on average. But more than decongest prefectures, the idea is to give oxygen to the beneficiary of the new card. By chaining papers valid only one year, not out of insecurity, difficult to find a job and to project the medium term. Today, “we submit foreigners arriving in France to a real administrative obstacle course” admitted the interior minister. The law also facilitates the obtaining of residence permits for victims of domestic violence or the threat of forced marriage and the parents of a child treated in France.
The text provides the same time to beef up the fight against fraud. The prefecture will be able to communicate by other administrations (social security, schools, energy suppliers …) information enabling it to verify whether aliens are in order. Place Beauvau, we are assured that it is not massive crossing of data but targeted controls. In committee, the rapporteur has rewritten the “communication right” to guard against the risk “a disproportionate incursion into private life.” The National Commission Computing and Liberties (CNIL) will be consulted in particular. Not enough to reassure Jean-Claude Mas (Cimade.): “This does not call into question any of the intrusive principle” or “exorbitant powers” granted prefect
A judge on the second day of the retention
The reform intends to restore the possibility for foreigners in detention centers to challenge the conditions of their arrest or expulsion. Two days after being arrested, they will see their cases reviewed by a judge of freedoms and detention. The provision will be introduced by an amendment by the rapporteur with the agreement of the Place Beauvau. It boils down to the 2011 Besson Law, which imposed a five-day period before the intervention of the judge. In that time, nearly half of foreigners in detention are deported without being able to meet J., “blatant disregard for their rights,” denounces Jean-Claude Mas.
The Minister of the Interior intends to maintain contrast with another aspect of the Besson law that had angered associations. Since 2011, the maximum period for detention increased from thirty-two to forty-five days. For Marie Lindemann, legal coordinator of the Family Association Social Service migrants (ASSFAM) is too long: “Only 6% of people locked are expelled in the last thirteen days. Why keep such a time for so little, when you consider that most detention conditions are long, they are more traumatic? “, however, seems Cazeneuve camp on its position. Return to within thirty-two days according to him would send a “negative signal” to reluctant countries to repatriate their nationals.
House arrest rather than retention
In 2013, investments in detention centers (20,000 in France) were twelve times more likely than house arrest (1600). The bill aims to make it the rule. “Better a restriction of liberty that the deprivation of liberty”, Erwann Binet defends. Detention would be limited to cases of foreigners posing a risk of leakage. “House arrest, if it is surrounded by guarantees and rights, is an alternative,” welcomes Pierre Henry (France Terre d’asile), which, however, request that those under house arrest can be kept informed of their rights.
“If the assignment becomes a principle, that the prefectures play the game, they must have the ability to keep people,” Erwann justifies Binet.En clear, the police will escort foreigners to their consulate and even with the permission of a judge involved in the home. With the risk of cases of arrests sensitive to manage. Jean-Claude Mas (Cimade) Review “an intrusion, a coercive measure more in the control of foreigners.”
As best for the sick, for some minor
So far, to qualify for a temporary residence permit for care, sick foreigners must prove the non-existence in the country of origin adequate medical means. For the legislature, it is not so much the lack of care that must be taken into account that the real possibility of cure, the financial barrier, etc. So this effective access to care or not to be watched to support a patient abroad.
From the minor side, associations complain that the bill does not prohibit strictly their presence retention. Currently, an amendment adopted in committee limits the placement of a minor under 13 years and accompanying person. The threshold must be mounted to 18 during the discussion at the meeting. “We do not prohibit the detention of children but we framed so that the time is as short as possible,” defends Marie-Anne Chapdelaine, Socialist leader in the text. “There is no legal basis for the detention of minors, is indignant Serge Slama, lecturer in public law at Paris Ouest-Nanterre. France has already been convicted in this sense by the European Court of Human Rights. “
In 2012, Hollande promised the end of the detention of minors and therefore of families with children. A circular has been taken in this direction. But if she fell for three years, detention of children has so far not stopped.
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