A-Infos (en) France, OCL CA #336 - An unjust and openly discriminatory law (ca, de, fr, it, pt, tr)[machine translation]

The "immigration" law, after a long series, full of adventures and 
sordid bargaining, resulted in an ignominious text which "calls into 
question fundamental rights and seriously undermines the principles of 
equality and non-discrimination" ( Defender of rights). ---- The law's 
journey has been chaotic. First the Senate, which tightened, on November 
14, the already very repressive measures of the initial project carried 
by Darmanin ( see article in CA n°335 ); then the law commission of the 
National Assembly; then, in the Assembly, the vote on a motion of 
rejection, leading to the Macronian choice to set up a joint joint 
committee; this presented, unsurprisingly, a version almost identical to 
that of the Senate. The law was finally passed in the National Assembly 
on December 19; the elected LR and RN added their unanimous voices to 
those of the government troops, who suffered some defections. All that 
remains is for the text to make a brief appearance before the 
Constitutional Council, at the request of Macron himself (see box), and 
of left-wing elected officials.

Regressions and attacks against exiles.
The list of attacks contained in the law is long.

Parliament votes on annual immigration quotas
Reinstatement of the offense of illegal residence, with placement in 
police custody and payment of a fine of EUR3,750.
Requirement of a minimum level (however increased) of French to obtain a 
multi-year residence permit.
Restriction of access to reduced transport fares for undocumented 
immigrants.
Conditioning of access to social benefits - family allowances, 
personalized autonomy allowance (APA) (1), enforceable right to housing 
(Dalo) - to 5 years of regular stay, instead of 6 months currently, for 
those who do not work, and 2 and a half years for the others (2). This 
is the introduction into the law of "national preference" (3). Thus, for 
several years, people, because they are foreigners, will not be able to 
benefit from what is financed by their taxes and contributions. To 
receive personalized housing assistance (APL), you will need three 
months of professional activity or five years of residence.
Exclusion of undocumented immigrants from emergency accommodation; which 
calls into question the principle of unconditionality of emergency 
accommodation

Restrictions on family reunification (already very difficult to obtain 
today), which undermines respect for private and family life: an 
extension to two years, instead of 18 months today, of the residence 
period to benefit from it; the requirement that the spouse abroad knows 
French, that they be at least 21 years old rather than 18 today
Tightening of the conditions for extra-community student immigration: 
compulsory payment of a deposit, which is added to the increase in 
registration fees; which is a blatant inequality of treatment
Restriction of conditions for obtaining a residence permit for sick 
foreigners
Questioning the automaticity of land law (4). A child born in France to 
foreign parents must demonstrate their "will" to become French between 
the ages of 16 and 18. In Mayotte, one of the parents must have stayed 
regularly for one year (instead of 3 months) for the child born in this 
territory to acquire nationality upon reaching the age of majority.
End of protections against removal from which certain foreigners benefit 
for private and family life - in particular those who arrived in France 
before the age of 13
Strengthening of expulsion measures: thus the withdrawal of a residence 
permit may be subject to an obligation to leave French territory (OQTF) 
after a conviction for acts punishable by five years in prison, even if 
the conviction is lower. It is the same for acts of "threat to public 
order" or "non-respect of the values of the Republic" (sic!) - yet 
little respected by the rulers themselves... -
Possibility of detaining asylum seekers at the border, serious violation 
of the right to asylum
Reinforcement of double punishment (addition of an expulsion measure or 
ban on returning to the territory (IRTF) to a criminal conviction)
Acceleration of the processing of asylum applications; the shortening of 
appeal deadlines complicates access to the judge.
Establishment of discounted, discriminatory and more expeditious 
justice: generalization of a single judge in the National Court of 
Asylum (CNDA), to the detriment of collegial formations of three judges; 
remote or videoconference hearings to judge the appeals of foreigners 
placed in administrative detention in CRA centers
Increase in the number of places in these administrative detention centers
The case of State medical aid (AME) (5) was left unresolved. Yielding to 
the LR ultimatum, Borne promised in writing to the President of the 
Senate to reform it from the beginning of 2024. For his part, Darmanin 
committed, also in writing, in a letter to the boss of the LR, to that 
"everything is done to ensure that the deadlines for creating new CRA 
places are accelerated as much as possible".
As for the "regularization through work" component, it has been reduced 
to a trickle... Measures that were, however, very unfavorable, 
disappeared under pressure from the LR. The president of Medef may well 
reaffirm the utilitarian arguments of the bosses, and recall the 
importance of a "massive" contribution of foreign workers to keep the 
economy running, we must believe that undocumented labor , therefore 
without rights and under administrative pressure, is much more 
interesting because it is more easily exploitable, forced and disposable.
The article voted in the new law will only apply until December 2026; 
the residence permit will be issued "exceptionally" to undocumented 
workers, at the discretion of the prefects, and therefore unequally 
depending on the territory. The measure is even more restrictive than 
the Valls circular of 2012 because it only applies to employees in 
so-called "shortage" professions, in need of labor (6). The text also 
provides that the employee must have been present in the territory for 3 
years and provide 12 pay slips. They must have a clean criminal record (7).
This law will in no way facilitate regularization through work. It 
should also be noted that the hundreds of undocumented workers who, 
thanks to their strike launched several months ago, forced their 
employers to give them all proof of their work, are still not regularized.

By making the possibilities of regularization and access to rights ever 
more difficult, this law further mistreats foreigners. The life of 
exiles in France, already extremely precarious, will be made hellish. 
This is what Darmanin wanted, who spoke of making the lives of 
"irregular" migrants "impossible". Furthermore, this reform is a further 
step in undermining the principles governing the social protection 
system, in particular equal rights or universality. And this 
deterioration risks being followed by other, even much worse stages. The 
degradation of the rights of foreigners prepares for the degradation of 
the rights of all.

The issues and effects of the law
Leaders and elected officials are completely disinterested in the living 
conditions of migrants, only considering them as intruders who must be 
"protected". Moreover, during the tortuous process which preceded the 
vote on the law, the exiles were kept completely away from the debates 
which primarily concerned them. They have been used for political and 
ideological issues of which they are the victims. Behind their backs, 
sordid negotiations and bargaining took place between the executive and 
the entire right for a text which flouts fundamental rights, flirts 
without scruples with the long-held positions of the extreme right, 
totally assumed by the government.
More than the measures decreed in the law, what counts for its 
protagonists are the "communication" and the ideological display which 
accompany them: it is a question of making people believe that there is 
"an immigration problem in France», that it must be "discouraged" by 
being "firm". Darmanin even held a brilliant line of reasoning about the 
government's strategic line: making Le Pen (even harder, even, since he 
finds it "too soft") to better cut the grass from under the feet of the 
RN; a strategy which in fact reinforces the RN in its position as a 
party with acceptable ideas and therefore likely to be brought to power.
For years, migrants have been harassed, mistreated, exploited and 
deprived of rights. This law, like the previous ones, is not only unjust 
and inhumane but it will also be ineffective, even counterproductive, 
with regard to the objectives stated by its defenders.
It will not reduce the inevitable movement of migration; these have 
always existed and they will increase in the coming decades, taking into 
account the capitalist system which, to increase the profits of the 
powerful, maintains and accentuates a destructive growth of life, 
exploits humans and resources, causes inequalities and oppression, 
generates wars, pushes millions of people to flee their country to seek 
refuge at the risk of their lives. And it is not because we offer 
unworthy reception conditions that the exiles do not come.
This law will not help integration in any way; on the contrary, it will 
slow it down by adding ever more obstacles to the migration route; and 
it will make racist and xenophobic prejudices flourish.
It will not reduce the number of undocumented people; on the contrary, 
it will increase in the absence of possibilities for regularization.
What will change, however, is the even greater degree of repression, 
precariousness, discrimination and suffering that hundreds of thousands 
of exiles will have to endure on French soil.

A "major" political crisis within the government?
It's probably a little early to say. The executive may well congratulate 
itself on a "victory" (in fact all the voters of the text do so), the 
adoption of this law on immigration caused a shock wave within the camp 
Macron, sparked by concessions to the right and support from the far 
right. The very day after the vote, on December 20, on television, the 
president tried to defuse what appears to be a political and moral 
crisis in his camp. But in no way embarrassed and straight in his boots, 
he denied any internal problem, even if around sixty deputies from his 
camp (Renaissance, Horizons, MoDem) voted against the text or abstained. 
He trumpets that his side won (8) thanks to an "intelligent compromise 
to move forward", because it was necessary to put an end to this law, 
and without 49.3, to "move quickly to something else".
The cynicism of Macron and his government is limitless. They are taking 
advantage of opinion polls that they had until then sovereignly 
disdained for other reforms, in particular that of pensions. According 
to them, the French were waiting for a law on immigration? And, what's 
more, a "firm" text? By insisting that "foreigners = delinquents", even 
terrorists; by making immigration a police issue, viewed solely from a 
repressive and security perspective; by presenting immigration as a 
"problem", a threat or even a danger, successive governments (30 laws on 
immigration since 1980) have created and fueled fears and prejudices. 
And this law goes very far in this area, by agreeing to validate an 
important part of the RN program.
Macron says he wants to "fight against what feeds the RN"; However, it 
is he and his government who fuel xenophobia, racism, authoritarianism, 
discrimination, divisions, and provide breeding ground for the extreme 
right.

Left-wing forces seek to retaliate
The left seems to have suddenly discovered the true face of Macronian 
power. As if he had not already demonstrated his double standards, his 
destructive and repressive capacities, his attacks against the most 
vulnerable through his reforms and anti-social measures which widen 
inequalities and sow precariousness and poverty.
What remains of the institutional left feels challenged by the 
situation, worried about the nauseating stench emanating from this 
government through the immigration law, and it seeks to cope. There are 
numerous denunciations, as well as calls for a united, political and 
social surge, and this goes beyond political groups.
Initiatives are taken, individual and collective. Elected officials, 
doctors, academics and trade unionists have publicly made known their 
disagreement or even their intention not to apply certain provisions of 
the law. The term "civil disobedience" is bandied about, which members 
of the government very little appreciate.
Elected officials from the 32 predominantly PS departments affirm that 
they will not apply the non-payment of the personalized autonomy 
allowance to foreigners, refusing to make a distinction between French 
and foreigners.
Personalities, members of humanitarian and rights defense associations 
(UNICEF, Abbé Pierre Foundation, etc.), associations of solidarity with 
migrants, NGOs, international agencies (WHO), express virulent criticism 
and call for Macron not to promulgate the law.
42 signatories of ANVITA (Welcoming French Cities and Territories) 
affirm: "We will not apply national preference in our communities (...) 
because this text undermines the foundations of our Republic".
More than 5,000 health professionals sign a manifesto(9), protesting 
against the "alarming" decisions of the immigration law in matters of 
health, which they recall is an unconditional and universal right.
Some university presidencies expressed opposition to the law in a joint 
press release, recalling the importance of international students. Major 
business schools (Essec, ESCP and HEC Paris) have denounced measures 
with "perverse effects". The Convergences Migration Institute, which 
brings together 700 researchers on these subjects, also expressed its 
"deep indignation".
Researcher Claire Mathieu, research director at the CNRS in computer 
science, resigned from the presidential science council, launched on 
December 7, denouncing a "far-right and xenophobic" law.
Assemblies and rallies were quickly organized all over France, from 
December 16. Demonstrations took place in several cities at the call of 
the Solidarity March, on December 18, during the International Day of 
Solidarity with Migrants, but also throughout the week, and in 
particular on December 22 . But they weren't really massive...
High schools and universities were blocked. There were strikes in two 
high schools in Ile-de-France. The Pompidou Center library displays its 
opposition to the law. The CGT took the lead by calling for a 
demonstration on January 14 or 21.
We are therefore witnessing a series of positions and actions hostile to 
the law, but scattered and rather symbolic, for the moment without much 
effective impact.
Whatever the future of the text, which will undoubtedly be partially 
rejected in January by the Constitutional Council (see box), the 
political debate around immigration in France will continue, more 
polarized and instrumentalized than ever. with the campaign for the 2024 
European elections.
It remains to be seen how to constitute a broader, more massive 
response, which takes place over time and is not swallowed up by party 
and electoral interests.

Kris, December 24

Recourse to the Constitutional Council, guarantor of respect for the 
laws... but not of justice.
There was a referral to the Constitutional Council by Macron himself, 
and by left-wing deputies and organizations for the defense of 
foreigners, - including the federation of solidarity actors (FAS) which 
brings together around nine hundred associations - which demand total 
censorship of the text.
Certainly the Constitutional Council will undoubtedly revamp the law a 
little (by the end of January), by trimming some measures which too 
openly flout the principles of the Constitution, such as the breakdown 
of equality before the law; contempt of which those who supported and 
voted for the text were perfectly aware. The government is showing 
cynicism and indecency by now sheltering behind constitutional 
jurisprudence to leave it to clean the text of its most villainous 
provisions. At the risk of legitimizing, in the long term, the call of 
LR and the RN to revise the Constitution, to get rid of the constraints 
of the European Court of Human Rights (ECHR) and to resort to a 
referendum on immigration.

Notes:
1 - APA is an allowance paid by departmental councils, intended for 
dependent people at home and with low resources
2 - Until now, the receipt of social benefits has no link with employment.
3 - The inclusion in French law of discrimination against non-citizens 
for access to social benefits is the measure that JM Le Pen and B. 
Mégret popularized in the 1980s under the name of "national preference», 
which consists of excluding foreigners simply because they are foreigners
4 - This was the case with the Minister of the Interior C. Pasqua, 
between 1993 and 1998
5 - The AME allows foreigners Undocumented immigrants can benefit from 
free medical care after 3 months of presence in the country. The Senate 
wanted to replace it with Emergency Medical Aid (AMU), intended only for 
the most serious care (sic!), and therefore much more restricted.
6 - The list of these professions, now established by a ministerial 
decree of 2021 and broken down by region, makes no reference to 
professions such as security agent, cleaning or catering employee, 
because, precisely, these are sectors which use undocumented workers...
7 - The law reinstating the offense of illegal residence, how will 
undocumented workers be able to provide a clean record if they have been 
convicted of this reason?
8 - Macron and Borne dismissed the resignation of the Minister of 
Health, A. Rousseau, as a non-event. Certainly, he is the only one to 
leave his post among the 6 others who declared themselves ready to do 
so. Furthermore, a deputy from Finistère announced that he was leaving 
the Horizons group.
9 - In November, 3,500 doctors declared their intention to "disobey" if 
State Medical Aid (AME) was abolished.

http://oclibertaire.lautre.net/spip.php?article4045
_________________________________________
A - I N F O S  N E W S  S E R V I C E
By, For, and About Anarchists
Send news reports to A-infos-en mailing list
A-infos-en@ainfos.ca
Subscribe/Unsubscribe https://ainfos.ca/mailman/listinfo/a-infos-en
Archive: http://ainfos.ca/en