The immigration law presented by Gérald Darmanin at the start of the year should not be examined before the summer or the start of the 2023 school year. The majority does not close any door between an agreement with the right or a possible recourse to 49.3.
The immigration law will not be under study any time soon. After a delayed entry into the Senate, the bill presented by Interior Minister Gérald Darmanin in February should not be examined before the summer of 2023, according to information from franceinfo. The immigration law, if it is still important in the eyes of Emmanuel Macron, is no longer among the priorities for the coming months and the Prime Minister must confirm this when announcing her roadmap for the “hundred days of appeasement” , Wednesday, April 26.
The parliamentary examination of the immigration law has at least been postponed until July, since the government has undertaken to work to appease the country until the next government report scheduled for July 14. But the text could be debated only in the fall according to journalists from the Parisian. The right, which places the subject of immigration among the priorities, is nevertheless ready to discuss this law, as Gérard Larcher, president of the Republicans of the Senate, made it clear at the microphone of franceinfo, April 26.
The postponement of the immigration law is not a surprise, however. How can the government claim to want to reduce the tension and find a political and social consensus on everyday issues while defending this text around which the parliament is again likely to tense up? The bill supposed to rethink the immigration policy in France is far from winning the support of the left but is not hard enough in the eyes of the Republican deputies whose support is nevertheless essential for the majority. Which did not close the door to yet another use of 49-3. The memory of the forced passage of the pension reform with this parliamentary tool is nevertheless very fresh and still a source of anger for French citizens.
The 49.3 possible on the immigration law?
The Republicans say they are “ready to re-engage in the debate” with the presidential majority on the immigration law according to Gérard Larcher, but not without making changes and “toughening up” certain measures of the text. The right strongly opposes the regularization of undocumented workers for shortage occupations and expects more authority on other points of the bill. But the majority which acknowledges wanting to “toughen up [les] rules on immigration”, “be more demanding in terms of integration” and reduce the delays of administrative procedures must not fall into an overly right-wing version of the text, at the risk of dividing its own camp. However, it also knows that the support and the vote of the Republicans are essential to adopt the text even with a relative majority.
The other solution to ratify the immigration law without depending or having to negotiate with the right is to resort to 49.3. In view of the consequences that the use of the constitutional article had on public opinion in the crisis of the pension reform, such a decision is obviously a risky choice for the government. Especially since Elisabeth Borne promised March 26 in an interview with theAFP to no longer use 49.3 “outside financial texts”. Since then, the discourse has softened on the government side, according to the Minister of Labour. If Olivier Dussopt judged April 25 on the set of CNews that it is necessary “to do everything to avoid it”, the use of 49.3 “is obviously part of the hypotheses” according to him.
Macron wants a single “effective and fair” text on immigration law
Postponed for a few months on the parliamentary agenda, the immigration law remains a priority for Emmanuel Macron. So much so that to ensure the adoption of the bill, the President of the Republic has changed his mind several times on the form to be given to the reform. Initially presented as a single law made up of 27 articles, the immigration law will be submitted to Parliament “in a single text” “effective and fair”, confirmed the Head of State in an interview granted to the Parisian Sunday April 23.
A month earlier, during his interview on March 22 at 13 Hours of TF1 And France 2, Emmanuel Macron had mentioned the possibility of dividing the immigration law into “several texts” to facilitate its adoption for lack of an absolute majority in the National Assembly. A single law to reform immigration policy seems to be the best option, in particular because it is the one favored by Les Républicains. Gérard Larcher, President LR of the Senate has never hidden his hostility to the possibility of cutting the text.
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“We want chosen immigration.” It is in these terms that Gérald Darmanin referred to the immigration bill on 1er February 2023. Through some twenty articles, the Minister of the Interior wishes to “control” the phenomenon by favoring economic immigration rather than family immigration. To this end, the articles included in the bill aim to facilitate certain expulsions but also to lighten administrative procedures in order to be able to work in France without having its nationality.
Extended rules for deporting foreign offenders
This is the flagship subject of the bill carried by Gérald Darmanin and the government. The Minister of the Interior wants to toughen the law in order to be able to expel more foreigners who have committed acts of delinquency in France. But not all convictions will result in deportation. The text provides for such a decision for foreigners whose crimes and misdemeanors for which they have been found guilty are punishable by 10 years or more in prison, or for repeat offenses punishable by at least five years in prison.
In addition, the tenant of Place Beauvau intends to be able to evict an individual as soon as “facts constituting a serious threat to public order, public security or state security” have been recognized against him. Today, expulsion can only apply in the case of “attack on the fundamental interests of the State, terrorism or incitement to discrimination, hatred or violence.” A widening of the field of action therefore, coupled with the end of a salvo of protections which prevent the State from carrying out the expulsion of certain foreigners. For the aforementioned facts, foreigners who arrived in France before the age of 13, who have resided in France for more than 20 years or for more than 10 years and the spouses or parents of French nationals may now be subject to an Obligation to leave French territory (OQTF).
Expulsion decisions which, if the law were to be passed, could only be the subject of four appeals, against twelve currently.
Simplified asylum applications, fewer appeals
The other major aspect of the immigration law concerns the right to asylum. The objective is clearly to reduce the processing times for applications. To this end, Gérald Darmanin would like agents from the French Office for the Protection of Refugees and Stateless Persons (Ofpra) to be present in the prefecture in order to support asylum seekers in their procedure. Currently, all agents are grouped together in a single center, in Fontenay-sous-Bois (Val-de-Marne), from where all requests are processed.
If the Ofpra rejects an asylum application, an appeal can be lodged with the National Court for the Right to Asylum (CNDA). Only, it is only installed on one site, in Montreuil (Seine-Saint-Denis). The Minister of the Interior wishes to decentralize this jurisdiction by opening sites in the regions to facilitate the examination of appeals. Moreover, with the aim of accelerating administrative procedures, the decisions of the CNDA could no longer be taken, in the event of a vote on the law, by a single judge, against a collective vote at present.
Hiring of foreigners facilitated for certain professions
Faced with the recruitment difficulties of certain professional sectors, the government intends to broaden the possibilities of hiring the companies concerned by facilitating the employment of certain foreigners. Undocumented migrants who are authorized to work in “shortage jobs” could obtain a residence permit by issuing eight payslips and three years of presence in France. An administrative simplification taking into account the 24 payslips, three years of presence in France and promise of hiring an employer currently necessary. However, the list of “short-term occupations” has not yet been finalized.
The executive also wishes to facilitate the arrival in France of doctors, midwives, dental surgeons and pharmacists, graduates outside the European Union, in public or private non-profit health establishments. To this end, a “talent” residence permit valid for four years could be issued.
Finally, asylum seekers from certain particularly unstable countries would be authorized to work as soon as they file their asylum application, without waiting for the six months currently required.
Level of French, fingerprinting and administrative retention
Gérald Darmanin’s bill also aims to “condition the first issue of a multi-year residence permit to the mastery of a minimum level of French.” Today, a simple participation in training is enough. It also plans to make coercive fingerprinting possible, to tighten the residence condition for the renewal of long-term permits or to prohibit the administrative detention of minors under 16 years of age.