France: Tightening deportation procedures within the new immigration bill 2023

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the Ministers of Interior and Labor announced the most important points contained in the new immigration bill of 2023, which proposed changes to existing laws that would speed up the deportation of foreigners and rejected asylum seekers, while the Ministry of Labor seeks to ease working conditions for asylum seekers.  and workers in sectors suffering from a shortage of labour.

The French government revealed the guidelines contained in the new immigration bill, and today, Wednesday, Minister of the Interior Gerald Darmanin and Minister of Labor Olivier Dusupt, in an interview with the newspaper “Le Monde”, announced several measures aimed at tightening deportation procedures and introducing changes to working conditions, which are supposed to  Parliament will ratify it at the beginning of the year 2023.

Speed up the migration process:

While far-right parties criticize the deportation of a small number of foreigners, the Minister of the Interior stressed the government’s intention to speed up the implementation of expulsion decisions, and that the government will include people who have a compulsory order to leave French territory (OQTF) on the list of wanted persons (FPR), which depends  It is up to the police and customs to search for and monitor specific criminals or people.

He explained that the aim of this unprecedented step is not to criminalize “illegal residence but the possibility of knowing the person’s departure (…) and thus counting all departing foreigners.”

In general, the Prefecture sends the person an Order of Commitment to Leave French Territory (OQTF) by registered letter with acknowledgment of receipt.  He has only one month to leave “voluntarily”.  The decision can be appealed to the CNDA within 15 days.  But in other cases, the person is required to leave French territory immediately, and has only 48 hours.  They are often placed in detention and deportation centres.

The announcement of these strict procedures for deportation comes after a brutal crime that shook the French street, in which the 12-year-old girl, Lola, was killed by an Algerian illegal resident, and an order was issued against her to leave the country.

Leave orders for rejected asylum seekers:

And included in his plan to increase deportations, the expulsion of people whose asylum applications were rejected by issuing an order to leave French territory for each asylum-seeker who received a refusal from the Office for Asylum Protection (Ofpra) who did not appeal the decision, and gives the person concerned only 15 days to object to the deportation order.

He also announced his desire to “significantly simplify the procedures,” noting that currently about half of the departure orders are pending due to the appeal procedures.

Under current law, people who arrived in France before the age of 13 cannot be deported, but the interior minister promised that he would end “public order reservations” that prevent the deportation of this category of foreigners.

professional integration:

Labor Minister Olivier Dusupt, for his part, stressed the integration of immigrants into the labor market.

According to the official statistics that the minister relied on during his meeting, the general unemployment rate in the country is 7.5%, while the unemployment rate among immigrants is 13%, considering that “work should once again become a factor of integration and empowerment.”

Dusupt, for example, wants to repeal the law that prevents asylum seekers from working for the first six months after they arrive in France.

He also calls on the Minister of Labor to create a residence permit for “occupations in crisis” for employment in sectors that suffer from a shortage of labor, and said that “professional organizations tell us that they need us to facilitate the employment of foreigners, and this law provides them with solutions.”

He defended this measure, saying that by doing so, the National League (the far-right) party would not be able to claim that immigrants “steal the work of the French”, because the sectors in question are “occupied by workers in an irregular situation” because they remain vacant and do not attract the French, especially construction and cleaning work.

french language test:

The government wants to “require multi-year residence permits to pass a French test”, and Gerald said that “a quarter of foreigners with residence permits understand and speak French very poorly” even though “the language is part of what is needed to achieve integration”.

At the same time, the government wants to be more flexible with regard to issuing residency permits, and the Ministry of Labor wants to open the door to the reform that unions have long demanded, and to allow workers in an irregular situation to request regularization themselves, “without going through the employer.”  This makes it easier for immigrants to obtain papers, and avoids complicated administrative procedures for the employer.

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