The government has tabled an amendment to its immigration bill to prevent judges of freedoms and detention (JLD) from releasing for procedural reasons a foreigner deemed “dangerous” and locked up in a detention center, explained Monday, November 6, Gérald Darmanin.
“As the public is now dangerous in the administrative detention centers (CRA)”, where people in an irregular situation are locked up with a view to their expulsion, “we hope that the judge of freedoms and detention takes into account the dangerousness and does not cancel the work that the Ministry of the Interior does for reasons of a missing stamp or for a nullity of procedure”, declared the minister at the opening of the debates in the Senate on this text.
To this end, the government tabled two amendments, on October 30, to its own bill which already provides for a series of measures to facilitate the expulsions of foreigners known for disturbing public order. “Today, those who are in detention centers […] are people who are either on file for radicalization, or known for acts of delinquency”, explained the Minister of the Interior. For him, the JLD “can no longer act with this public as it once acted with someone […] who did not commit any criminal act.
The amendments 591 And 594 thus provide that “in the current context of a strong threat to security […]it is necessary to adapt the system of nullities”, in particular when “the expulsion measure was taken for reasons linked to terrorism”.
Text hardening
Furthermore, Gérald Darmanin defended in the Senate, controlled by a majority by the right, a series of other tightening measures which provide in particular that a person arrested by the police and who “uses asylum to stay on the territory” should make this request directly “in detention and in an accelerated manner”.
So many measures which worry associations defending the rights of foreigners: the general director of France Terre d’Asile Delphine Rouilleault has requested that the government refer the matter to the Council of State “for an opinion” on the thirty amendments that it has introduced and which “could lead to expeditious processing of many asylum applications”. “The government, by amendment, draws a text very different from what it initially presented,” she further worried to AFP.