In love as in politics, it is better to know how to compromise. And the members of the Law Committee of the National Assembly understood this well. Responsible for examining the immigration bill amended by the Senate, the deputies approved, this Thursday, November 30, a revised version of a key measure of the text: the regularization of undocumented workers in professions in shortage.
“A compromise”, which without being “ideal” will allow the project “to succeed”, argued the president of the Law Commission, the Macronist Sacha Houlié. A version that aims to be balanced, knitted on the “at the same time” model.
This new version does not create either a “discretionary” procedure at the discretion of the prefect, as the senators wanted, nor an automatic right to regularization, defended the general rapporteur of the text, the Renaissance deputy Florent Boudié.
The objective: soften the Senate version
As a reminder, the initial version of the government provided in its article 3 for “full rights” tenure for undocumented immigrants who have worked at least eight months over the last two years in professions and areas in tension, and present on the territory for at least three years.
The Senate, which examined the text first, had largely tightened this system, residence permits being able to be issued by the prefects only “exceptionally”, in a “strictly supervised procedure”.
In addition, the elected representatives of the upper house set a certain number of conditions for the issuance of residence permits. Among which, respect for the “values of the Republic”, “verification” with the employer of the “reality of the alleged activity”, and a minimum working period of 12 months. New provisions widely contested by the left and by a majority of Renaissance deputies.
Maintain the autonomy of the regularization request
This is why the version proposed by Florent Boudié is based on restoring the minimum working time requested to eight months. The applicant can also submit his request without the intervention of his employer. The general rapporteur notably insisted before the deputies on the need to restore “the autonomy of the request for regularization in relation to the employer”, at a time when the latter may have an interest in keeping its employee in a precarious situation.
Anxious not to offend the right fringe of the hemicycle too much, the commission provided the possibility for the prefect to oppose the issuance of the residence permit in the event of a threat to public order or non-respect of values. of the Republic or even polygamy.
Insufficient for the Republican deputies (LR) who make the regularization of undocumented workers in professions in shortage their red line. “We are resolutely opposed to the provisions of the article,” said Annie Genevard on behalf of her group.
Towards the establishment of a quota?
While supporting this rewriting, Gérald Darmanin wanted to reassure his former political family who are worried about a “draft”. The Minister of the Interior notably said he was open to the establishment of a “quota”, for example of “8,000, 10,000 or 5,000” workers who could be regularized per year.
The executive, on the other hand, opposed amendments aimed at restoring the initial version of article 3, carried by the left wing of the majority, the independent Liot group and the PS.