Immigration in France: A sensitive issue
You might expect many expats to speak out. But the question calls for caution. The expats who have agreed to share their thoughts speak of an uncomprehensible atmosphere. "It's not a new phenomenon," says one of them, who has worked legally in France for 10 years. He prefers to remain anonymous and regrets that anything said on this hot topic could be misinterpreted.
In his opinion, expats are not showing much concern. "I don't think most expats identify themselves with the individuals mentioned in the proposed bill. We always think of an 'expat' as someone with all the required legal documentation, don't we? Even if there's no evidence to prove it. 'Expatriate' simply means that you have left your country. As a result, you can be an expat without papers or an immigrant with papers. But expats won't accept that. In France, we always refer to the issue as 'the immigration problem'. Why is visiting France a problem? If I break the law, of course, I must bear the consequences. But what can be the issue if I come to France legally?"
Marie (fictitious name) compares France to the UK, where she previously lived. "It's still freer over there, even if it's becoming increasingly crazy. In France, everything escalates quickly. Of course, the context is terrible. But political debates take dangerous shortcuts, and now they want to expel foreigners who don't follow the country's rules. But how to we define the values of the Republic? Will everyone agree on a definition and interpret it in the same way? Does France respect its values? We talk more about expulsion than immigration. But that's unrelated."
Immigration law and the values of the Republic
On Wednesday, October 18, government spokesman Olivier Véran explained that Article 13 of the Immigration Act would (if passed) allow the revocation of the residence permit of a foreigner if they failed to show respect for the "values of the Republic". The spokesman went on to highlight the "conspicuous display of a religious symbol" or "refusal to be received by an agent of the opposite sex in a public service".
By "values of the Republic", the Ministry of the Interior defines the Republican values as "liberty, equality, fraternity" and secularism. The expats we spoke to are unanimous that everyone must abide by the law of a country. Therefore, those considering immigrating to France (or any other country) should familiarize themselves with the necessary regulations and requirements and the consequences of violating them. While it is the norm to abide by the country's laws, nothing prevents expats from engaging in local politics to voice out their opinions. The aim is not to "transform" the host country so that it becomes like the home country but to engage within the local community.
However, according to some of our respondents, expelling an individual simply for failing to respect the country's values could be "dangerous". Each person may interpret these values in their own way. Racism is still prevalent. "If I haven't done anything wrong, why should I face trial? What about French citizens who don't respect the country's laws? The law only targets foreigners, as if we were responsible for everything that goes wrong in France... It's as if we want to expel all foreigners, even those who have done nothing wrong."
Non-respect for the values of the Republic: How things work elsewhere
According to one of the expats interviewed, France would not be the only country to implement such measures: "It seems completely normal to me. The least a foreigner can do is to respect the laws, customs and way of life of the host country. In Morocco, for example, there is a provision in the law on residence permits that allows Morocco to revoke the residence permit and expel a legally resident foreigner who behaves in a way which threatens public order, especially if they are in an unusual situation".
Other respondents are of the same opinion. "If you choose to live in a country other than the one in which you were born, you have to respect the laws of that country, even if you don't agree with them. The French also respect laws with which they don't always agree." These expats point out that "all travelers know that they must obey the values and rules of the country in which they live, or risk being expelled, imprisoned or fined. The rule is the same everywhere, whether you are moving to India, China, Europe or the Middle East".
France's immigration law reform: Expats' fears
While Marie understands the importance of firmness, she criticizes the "all-out firmness", which is quite confusing. "What are we discussing, actually? We already use the term "immigration law", only in reference to illegal immigrants. Even though immigration is not a problem in France, the word has a negative connotation. We must also consider what caused people to go underground in the first place and how this relates to the values of the country. I think the government is mixing things up and judging too quickly. For example, how does wearing a religious symbol in a public place make someone an enemy of the country? I followed the debates on abolishing the abaya in schools, and to be honest, I didn't understand a word of it. Such a measure is counter-productive as it creates division rather than unity. Moreover, it singles out a specific community, which is even more concerning."
"It's easier in Canada", says another expat who has been in France for two years, following his wife, who works in the financial sector. In his opinion, things flare up quickly. While he recognizes the national outcry and calls for a firm hand over delinquents, he also warns against any wrong step. "I used to be a lawyer, and I believe that, unfortunately, the law can be twisted to fit our vision. But since things are getting increasingly serious, we should take time to reflect. France is all about repression and grouping everyone in the same boat. When is it going to reflect and talk about respect, tolerance and support?"
What are the risks?
Legal experts in France are also warning the government of a dangerous inclination towards an arbitrary policy and that the proposed bill could be unconstitutional. They reiterate the importance of stepping back instead of legislating on the spur of the moment. But while Olivier Véran acknowledges that a residence permit can currently be revoked only in the event of a criminal offense, he defends a bill that would allow the government to move from a purely criminal approach and withdraw a permit on the basis of the country's values. The following day, Darmanin reaffirmed the French government's right to expel anyone who was not in conformity with the country's values. The government's target group includes both illegal and legal immigrants.
The Canadian trailing spouse says he sometimes feels uncomfortable with what he calls a "systematic stigmatization of the same types of people". He believes that current debates too often equate "foreigner" with "potential delinquent". Instead, he would like to see law violations be dealt with more objectively. "The fact that so many foreigners are targeted gives the impression that we are all potential criminals. I say 'we', but I know that the government is targeting specific communities. France claims to be fighting communitarianism, but at the same time, it's only targeting the same communities. I just don't understand."
Facts about the proposed Immigration bill
Gérald Darmanin, the Minister of the Interior, is fiercely defending and taking responsibility for his bill. He said that he would not hesitate to tighten the immigration law to "protect the French". As a reminder, this new bill, introduced by Darmanin and Olivier Dussopt, the Minister for Employment, had caused a stir because of Article 3 on sectors that are in tension. Presented by the two ministers on November 2, 2022, the text provided for the creation of a one-year "jobs shortage" residence permit for undocumented workers in France. At the same time, the reform strengthened obligations to leave French territory (OQTF). In the same period, the 'Lola affair" burst out. France was moved by the story of a young girl killed by an illegal Algerian, compelling the Minister of the Interior to justify the law. The recent tragedy in Arras has once again forced the Minister to explain himself. For him, this means tightening up the law.
In November 2022, Darmanin acknowledged that many illegal immigrants had come to France with valid papers. The immigration bill, which has been debated since the beginning of 2023, has given rise to tensions around its famous article 3, presented as the "social arm" of the text: "reaching out to expats living in France illegally but who have a job and are well settled in France." The Far Right is pressing for the article to be scrapped, predicting a "wave of illegal immigration" if the bill is passed. The Right Wing is also lobbying.
Identifying an intelligent compromise
Following the attack in Arras on October 13, the bill is back in the spotlight. Darmanin, the first minister to speak to the Journal du Dimanche (JDD) after the controversial appointment of the new director Geoffroy Lejeune, a journalist and far-right activist, said he was open to further negotiations on the issue of skills shortages. He nevertheless reiterated the need for justice and balance for undocumented workers who are not causing any disturbance to public order. During a speech broadcasted on TV on October 22, the French President hinted at the possibility of amending the text. For Emmanuel Macron, who has been the driving force behind the project since 2017, the country needs to find "an intelligent compromise" by regularizing illegal expatriate workers while refusing to implement an "unconditional right to regularisation". The Right sees this as a step towards the positions it supports.
The controversy S files
Two weeks after the attack in which Dominique Bernard was killed, emotions are still running high. According to a CSA poll published on October 18 for Cnews, a conservative news channel owned by the Bolloré group, 87% of French people would like to see "S-registered foreigners" deported. The survey was conducted on 17 and 18 October using an online questionnaire based on a nationally representative sample of 1,014 people aged 18 and over.
While the majority of those polled are in favor of deporting people on the "S" list, there is a difference depending on political persuasion. Voters of the far-right Rassemblement National (RN) party supported the measure "100%". Voters of Reconquête, another far-right party, scored almost the same (97%). On the right, support from the Républicains (LR) was just as high (98%). On the left, support was slightly less widespread: 80% of Socialist voters, 74% of France Insoumise supporters and 68% of Europe Écologie Les Verts (EELV) supporters said they were in favor of deporting "foreigners on S files". Some foreigners surveyed wondered whether a tougher policy was also planned for French nationals on the S list. "We'd like to have our own survey too. We'd like to be heard. The law talks about us but doesn't let us have our say."
What is the " S card"?
Since it was first publicized, the S Card (for "State security") has been the subject of much speculation. Created in 1969, it is, in fact, a working tool belonging to the vast file of wanted persons (FPR). In all, the FPR contains 21 categories, including V files (escapees), T files (debtors to the Treasury) and M files (runaway minors). People on the 'S' list are subject to simple surveillance rather than systematic coercive measures.
It is, therefore, possible to be registered for anything other than terrorism. The 'S card', which has often been linked to terrorist attacks in recent years, is not limited to these attacks but relates to anything to do with State security. The French Senate points out that the S card is not an intelligence file listing all persons considered dangerous but a tool facilitating the gathering of intelligence.
It will undoubtedly be difficult for the government to rid the misconceptions surrounding the S Card. It will also take more work to pass its reform bill. The government admits that getting a majority will be challenging. However, 49-3 is out of the question. According to Yaël Braun-Pivet, President of the National Assembly, Article 49-3 allows the government to "force through" legislation. It remains to be seen how the proposed bill will be received. Examination by the Senate will provide the first answers in November.
