The immigration bill was voted on in Parliament on the evening of December 19, 2023. The government is satisfied with the adoption of the text but denounces any rapprochement with the ideas of the extreme right despite very right-wing measures.
“I have the feeling of duty accomplished.” Elisabeth Borne shows her satisfaction after the adoption of the immigration bill in Parliament on the evening of December 19, without the votes of the extreme right, she says, relying on incomplete calculations of votes in the ‘National Assembly. The immigration law has therefore been passed, but must pass through the filter of the Constitutional Council. Both the Prime Minister and the Minister of the Interior, Gérald Darmanin, recognize that certain measures in the text are contrary to the Constitution and will therefore be repealed.
If the right and part of the majority welcome the adoption of the text, on the far right Marine Le Pen praises an “ideological victory”, while on the left we criticize the vote for such a right-wing bill . But what does the final version of this divisive immigration law contain?
1- Access to social assistance tightened for foreigners
These measures almost derailed the adoption of the text by the joint committee before the right and the majority found common ground, particularly on the payment of personalized housing aid (PLA). Ultimately, the new text plans to make access to all social assistance conditional on five years of residence in France for foreigners in a legal situation who do not work, including for APLs. Foreigners who carry out an activity will be able to benefit from social benefits after 30 months spent in France, or two and a half years. The waiting period will be shorter only for the ALP which will be accessible to them after three months of presence.
2- The creation of an exceptional residence permit for professions in shortage
It also crystallized the debates, but it was adopted in a version very close to that of the Senate. The issuance of automatic residence permits to foreigners who work in areas that are difficult to recruit, such as catering or construction, has become “exceptional” rather than automatic and must be left to the discretion of prefects.
To qualify, foreigners must prove that they have resided in France for at least three years and that they have worked in the said sector under pressure for at least 12 months out of the last 24. They will also have to present a clean criminal record. However, undocumented workers who must currently be accompanied by an employer to complete the process will be able to make the request alone. This system must apply until the end of 2026, after which the law will have to decide this point again.
3- Reception of foreign students subject to deposit
The Senate’s addition on the obligation for foreign students to pay a deposit to study in France was adopted, although slightly modified. The immigration bill provides that the minister responsible for higher education can exempt “exceptionally” students with low incomes and whose excellent academic or university career justifies it.
4- The establishment of annual migratory quotas
New measure imposed by the Senate and adopted for the immigration bill: annual immigration quotas, that is to say the number of foreign people authorized to stay in France for three years on economic grounds, will be defined by the parliament. The measure also provides for the obligatory holding of debates on this subject in Parliament each year. The government had not included such an article in its initial text and part of the majority believes that this measure could be rejected by the Constitutional Council.
5- French naturalization and land rights restricted
On the question of soil law which automatically granted French nationality to children born on French soil, the joint committee voted to toughen the principle. Children born in France to two foreign parents will therefore no longer automatically be French and must demonstrate their desire to obtain nationality between the ages of 16 and 18 to be naturalized.
Even if obtained, French nationality may be withdrawn from naturalized foreigners found guilty of homicide or attempted homicide of a person holding public authority.
6- The reinstatement of the offense of illegal residence
The offense of illegal residence, which was abolished in 2012 under the mandate of François Hollande, was reinstated by the senators who received a favorable opinion from the Minister of the Interior on this point. In fact, people who stay illegally in France may be fined €3,750 and banned from entering the country for three years.
7- Hardened family reunification
To be able to claim the family reunion, foreigners will have to meet more criteria. In particular, they will have the obligation to have health insurance for themselves and for the person or family to come, the obligation to master the French language and will all have to present clean criminal records. The joint committee sided with the version of the article voted on in the Law committees, which removed the conditions of regular income and of a certain level in addition to the extension of the necessary length of stay imposed by the Senate.
8- Eviction procedures made easier
The vote on the immigration bill has the effect of enacting measures facilitating the expulsions of certain foreigners, particularly delinquents. On this key point of the bill, the Senate was able to impose its vision and its measures. The text therefore provides for the possibility of expelling foreigners convicted of crimes punishable by at least five years of imprisonment, or three years in the event of a repeat offense, and individuals constituting “serious threats to public order”. In these cases, expulsions will even be possible for people who arrived in France before the age of 13.
In addition to expulsions, the conditions for issuing obligations to leave French territory (OQTF) have been relaxed. All protections preventing the use of an OQTF have been lifted and only minors can still be protected against this expulsion procedure. Concerning OQTFs, the immigration bill also provides that they can be pronounced against rejected asylum seekers unless the administration “considers admitting the foreigner to stay for another reason”.
9- Detention of minors prohibited
Foreign minors are therefore the only ones to be protected against OQTF and the text provides for another protection measure imposed by the Law Commission: the ban on placing minors under the age of 18 in detention centers. As for adults accompanied by minors, they may be placed under house arrest.
10- AME excluded from the immigration bill
The right wanted to eliminate state medical aid (AME) with the immigration bill, something the majority is opposed to. Such a measure would also have been rejected by the Constitutional Council, as it had no direct link with the migration issue. An agreement was therefore reached between the right and the majority: the deletion of the AME added by the Senate is deleted from the text, but will be the subject of a reform promised in January 2024 by the Minister of the Interior and the Prime Minister. The right assures that the majority is committed to moving in the direction of a tightening of the measure, but in the government the discourse is not as categorical.