The independent authority is concerned about an instrumentalization of the right to stay and fears an ineffective law in the face of the growing administrative difficulties suffered by foreigners.
by Julia Pascual
“Important concerns.” This is how the defender of rights, Claire Hédon, sums up her opinion on the immigration bill that the government intends to have the Parliament examined from the end of March . In an advisory opinion which was to be made public on February 23, and of which MO12345lemonde has learned, the independent authority considers that the text is based on underectful observations such as the failure of integration or the acceleration of flows Migratory, nourishing the public debate of “erroneous, even discriminatory representations”. In addition, notes the defender, since the 1970s, “around thirty legislative reforms have continued the same purposes”, without proving their success. They would have above all completed the law and generated increasing administrative difficulties.
Thus the right of foreigners has become, between 2019 and 2022, the first reason for referral to the defender of rights, before access to social benefits. This concerns “essentially obtaining an appointment [in the prefecture], the difficulties in connection with the dematerialization of the counters and the excessive instruction times [of title requests]”. A situation which is explained above all by a lack of means of the services of the State.
On this point, the bill does not provide an improvement track, considers the defender. On the contrary, he “instrumentalizes” the right to stay to sanction a lack of integration or behaviors threatening public order. This is the case when the bill plans to condition the issuance of a multi -year residence permit to master a certain level of French. “It is an inversion of the link between stay and integration. Integration becomes a prerequisite while administrative stability should be the first condition for successful integration, underline the services of the defender of rights to the world. This is part of A background tendency to harden access to the living room. “
” Large discretionary power of the administration “
Similarly, the government intends to blow up protections for distance, in particular those applicable to foreigners who arrived in France before the age of 13 or residing in France for more than twenty years. These can only be expelled in the event of damage to the fundamental interests of the State, terrorism or provocation to discrimination, hatred or violence. The bill expands these possibilities in the case of “serious threat to public order” when the foreigner “has already been the subject of a final conviction” for acts liable to ten years in prison or in recurrence of facts liable to five years in prison.
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