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Doha – The French government announced its support for reinstating the offense of illegal stay in France, a measure that was previously abolished under François Hollande’s presidency in 2012.
Government spokesperson Sophie Primas confirmed on Wednesday that the administration would back any legislative text aimed at reestablishing this immigration control measure.
“The government will likely take a favorable position,” Primas stated on BFMTV, adding that “the modalities will need to be discussed before Parliament.”
The offense, when previously in effect, made it possible to impose fines or prison sentences on individuals found residing in French territory without legal authorization.
Interior Minister Bruno Retailleau has been actively pushing for this measure since his appointment.
The initiative comes after several attempts by right-wing lawmakers to reintroduce similar provisions, including through an amendment to the January 26, 2024 law, which was later struck down by the Constitutional Council as a “legislative rider.”
The original offense was removed from French law in 2012 to comply with European Union regulations.
The European Court of Justice (ECJ) had ruled in 2011, in the case of “Achughbabian versus France,” that imprisoning individuals for illegal stay contradicted the EU’s “return directive” of December 16, 2008.
This directive requires member states to allow individuals facing expulsion 7 to 30 days for voluntary departure.
Read also: French Senate Proposes Terminating 1968 Migration Agreement with Algeria
“Pre-existing administrative procedures are already in place. We don’t see the benefit of reinstating this offense, other than as a symbolic gesture to show ‘we’re fighting against illegal immigrants,’” argued Nathalie Tehio, president of the Human Rights League, who views the measure as unnecessarily criminalizing foreigners.
The government is also considering additional immigration control measures. Primas indicated support for conditioning certain social benefits on length of stay in France, particularly targeting “non-contributory allowances” such as housing assistance (APL) and family allowances.
However, the government has expressed opposition to extending restrictions on birthright citizenship, currently specific to Mayotte, to mainland France, despite advocacy from some right-wing politicians including Laurent Wauquiez.
France and Morocco signed a “strengthened partnership” against illegal immigration during President Emmanuel Macron’s three-day state visit to Rabat in October 2024.
“Together, Morocco and France want to combat all forms of trafficking, fight against illegal immigration and the networks that exploit it,” Macron declared, emphasizing a results-oriented approach in this bilateral cooperation.
Following up on these commitments, the two countries held their first technical meeting in Paris in November 2024, where officials focused on improving migration procedures and enhancing cooperation for readmissions.
Additional high-level meetings are scheduled for early 2025 to evaluate progress and set new bilateral cooperation goals.
