Immigration law: the Constitutional Council censors much of the text

It was a long-awaited decision. On Thursday 25 January, a large part of the “immigration” law, adopted on 19 December 2023 with the votes of the right and far right, was censored by the Constitutional Council.

In all, 32 out of 86 articles were rejected. This 276-paragraph, fifty-two-page decision is the second longest in the jurisdiction’s history, he reports The world.

Cancellation of several key measures

Among the censored articles are most of the strong measures advocated by the right and far right. Like the conditioning of certain social benefits with a minimum period of residence of five years in France – which is similar to the national preference, advocated by the far right. But also the hardening conditions of family reunification or the request for a deposit for foreign students.

THE recovery of the crime of illegal residence it is also censored. As well as the end of free transport for undocumented immigrants, the questioning of land rights for children born in France to foreign parents, the exclusion of undocumented immigrants on the street from the benefit of the housing emergency, or again the restriction of access to residence permit services for students or sick foreigners.

Harsh measures that remain

However, other controversial measures remain. Like the establishment of a condition of “respect for the principles of the Republic » to obtain the residence permit. But also the extension of the obligation to leave French territory (OQTF) to minors under 13 years of age, previously protected. In its decision, the Constitutional Council considers that “ the institutional basis is not reached “. Other validated measure: the exclusion from Child Social Assistance coverage of young adults subject to the obligation to leave the territory.

An alarming article according to the children’s rights activist Lyes Louffok : “ From now on, the child entrusted to the ASE of foreign nationality will no longer have the same rights as the child entrusted to French reception. When it comes to protecting vulnerable young people, national preference applies. (…) Thousands of young adults, who were protected by Child Welfare during their minority, will be thrown into the streets », he published on his X account.

Other validated measures: prefects now have the power to regularize ” Exceptionally “ undocumented workers in so-called shortage occupations by providing them with a one-year residence permit issued on a case-by-case basis, and minors can no longer be placed in detention centers before they turn 18.

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