On the issue of immigration, Emmanuel Macron estimated at the beginning of December that it was necessary to show “firmness and humanity”. By the end of the year, the immigration bill has been the subject of numerous consultations and heated debate in Parliament, while it is due to be presented to the Council of Ministers in January, then examined in the Senate and the National Assembly in early 2023. .
This 25-article bill, which BFMTV was able to consult, develops a series of measures aimed at promoting the expulsion of foreign offenders, and also contains several articles aimed at making the integration of foreigners more effective.
In a joint interview granted this Tuesday to the figaro, the Ministers of the Interior, Gérald Darmanin, and of Labor, Olivier Dussopt, defended a “balanced and ambitious text that agrees to look at things head-on, with pragmatism and realism”. “Our bill is very firm and breaks with a certain habitual neglect,” they declared, defending themselves from being “in a massive regularization”: “everything will be examined case by case,” say the ministers who carry the project.
More supervised presence on French territory
The bill initially provides for various measures to regulate the presence of people in an irregular situation. A fine of 4,000 euros will be established for hiring a person in an irregular situation (8,000 euros in case of recidivism within two years). A “right to coerce” should also be created to photograph and fingerprint illegal residents.
The bill also establishes that expulsion from French territory is now possible if a person in an irregular situation is found guilty of the following penalties: serious violence against a member of the police, proven domestic violence, aggravated robbery, robberies committed with the help juvenile. or thefts committed at a meeting in a residential premises (robbery).
Obligation to respect the principles of the Republic
In order to obtain and keep their residence permit on French territory, any person in an irregular situation will be subject to the obligation to “respect the principles of the Republic”.
“The principles of the Republic include freedom of expression and conscience, equality between citizens, in particular equality between women and men, freedom of sexual orientation, the dignity of the human person, symbols of the Republic in the sense of article 2 of the Constitution and the fact of not using one’s own beliefs or convictions to free oneself from the common rules that govern relations between public services and individuals”, details the text.
In addition, people who would have been covered by an OQTF (Obligation to Leave French Territory) for the 5 years prior to the visa application will no longer be eligible.
On the other hand, placement in a detention center will now be prohibited for anyone under the age of 16. From 16 to 18 years old, people will be admitted to a detention center but accompanied by a foreigner of legal age.
Tougher penalties for smugglers and slum dealers
The fines for sleep merchants will be tougher, which can now amount to a fine of 150,000 euros and 5 years in prison. As for people who do not respect the “travel authorization” (people who transport illegal immigrants cannot enter the Schengen area), they can now be sanctioned with fines of up to 10,000 euros.
The text also wants the penalties against smugglers to be tougher. These could go up to one million euros for the highest fines and 15 years in prison, notably for endangering passengers with “immediate risk of death.” They could amount to 1.5 million euros and 20 years in prison for the organizers.
From now on, the liberties judge will be empowered to rule for 48 hours (compared to the current 24) if there are too many files in the waiting room. A measure that arises in response to the legal fiasco that occurred during the reception of migrants from the Ocean Viking last November. The 24-hour period provided for the processing of migrant files is “sometimes insufficient,” says the bill, “the majority of foreigners in an irregular situation have been released” in the event of the arrival of the Ocean Viking.
· Creation of a residence permit for “short-term occupations”
The Government had already announced that a “shortage of jobs” residence permit would be created to respond to sectors with a shortage of labor. “We want to improve the devices currently in force”, said Olivier Véran on this topic last November on BFMTV. “We are talking about allowing people who today hold positions that are absolutely essential to make our economy work” not to work “illegally”, but “to do so in a legal situation”, the government spokesman had explained.
The text provides for the creation of another residence permit for health professionals. According to article 7 of the text, this card is intended for health professionals and their families “as soon as they are hired by a public or private non-profit health establishment”.
“This title is intended to satisfy the need for hiring qualified health personnel in health establishments or medical-social establishments”, particularly since these foreign doctors cannot always be hired at present “due to the lack of a residence permit that fully responds to the specificity of these situations”, justifies the executive.
Easy access to the labor market
The labor market could become immediately accessible to asylum seekers who are “most likely” to benefit from asylum, given their country of origin. This period is currently 6 months.
Employers will now have to contribute to French proficiency by offering their employees a training course in French as a foreign language, which would constitute continuous paid working time.
Source: BFM TV
