The long-awaited and delayed immigration bill landed in the Senate on Monday, November 6. It was postponed several times and attracted criticism from across the political spectrum. The bill comes as many continue to arrive in Lampedusa and the country reels from the assassination of a professor by a 20-year-old Russian who grew up in France. The government is citing those events to argue that the bill will guarantee "French people’s safety." 

The 27 provisions aim to strike a balance between better integration of foreigners through work while making it easier to deport migrants. French Interior Minister Gérald Darmanin's creed goes "be nice to the good guys, and mean to the bad guys."

Here are the main provisions of the bill currently being debated:

1/ The regularization of undocumented workers in 'strained' sectors suffering from labor shortages 

This is the most controversial measure of the project. It provides for the creation of a one-year, renewable, residence permit for foreign workers in an irregular situation in sectors under pressure such as construction, catering, hotels, personal assistance or even logistics. To obtain it, one must demonstrate a continuous presence in France for at least three years.

The permit does not allow for the right to family reunification.

A large part of the right is opposed to this provision, arguing that it would lead to "attracting" even more undocumented workers. Faced with these arguments, Gérald Darmanin said he was ready to make compromises, but not to withdraw the text.

2/ Allow certain asylum seekers from 'high-risk countries' to work from the start of the examination of their application

This is a proposition that has fallen somewhat under the radar. Article 14 of the text proposes that asylum seekers from high-risk countries (a list of which is established each year) can work immediately after their arrival in France and the submission of their file case to the French asylum office (OFPRA).

The list of countries in question has not been revealed but it should primarily concern Afghans, who represent the most common nationality obtaining asylum in France, according to Eurostat.

Currently, asylum seekers are not allowed to work during the first six months of their asylum application being examined. In fact, obtaining work authorization is extremely rare.

3/ Ease the deportation of foreigners representing a 'threat to public order'

The bill aims to ease the process for the expulsion of foreigners who present a "serious threat to public order," via articles 9 and 10. Associations are already worried about what the term "serious" legally means. For the government, this is for those who have committed acts punishable by at least ten years of imprisonment.

The bill also wishes to strike protections that exempts some from deportation notices (OQTFs). The law currently prohibits the deportation of:

• a foreigner who arrived before the age of 13 on French soil.
• a person residing regularly in France for more than ten years.
• the parents of a French child.
• foreigners married for at least three years to a French person.

The bill also proposes the automatic removal from social security and unemployment provision of foreigners subjected to a deportation notice.

4/ Force countries of origin to take back deported foreigners

The government wants to modulate development aid to foreign states that are reluctant to issue consular passes – or even restrict the allocation of visas to nationals of these states.

These "passes" are essential to allow the expulsion of a foreigner subject to a deportation notice. It is up to the country of origin to issue this document to the state that wishes to deport someone.

5/ Withdrawal of residence permits for 'non-compliance with the principles of the Republic'

Article 13 of the project provides for "making possible the refusal, withdrawal or non-renewal of certain residence permits" in the event of non-compliance with the "principles of the Republic", including gender equality, freedom of sexual orientation, respect for secularism, freedom of expression or even symbols of the Republic.

6/ Make the mastering of French language basics to obtain a residence permit mandatory

The government wants to make obtaining a multi-year residence permit conditional on a minimum level of French. Today, residence permits are issued on condition of having followed French learning within the framework of a republican integration contract (CIR) provided by the OFII (French Office for Immigration and Integration), but without any required final proficiency.

The senators added the requirement to fulfill a civic exam, with questions relating to French culture and history.

However, a minimum level of French is already required to be granted a 10-year resident permit and to obtain French nationality.

7/ Eliminating state medical aid

This is another point of tension within the government. The Minister of the Interior, Gérald Darmanin, said he was considering "removing" access to state medical aid (AME) to transform it into "emergency medical aid," with much stricter conditions.

The AME has long been a target of the right and the far right, who accuse it of costing too much, and of generating illegal immigration, because it is a benefit that is not offered in many of the countries of origin of migrants arriving in France - currently it costs €1.2 billion annually for 400,000 beneficiaries.

However, the AME budget represents less than 1% of health expenses covered by health insurance (€200 billion).

For NGOs, undocumented immigrants are a priority population in terms of public health. Limiting their access to care would have the direct consequence of leading to a deterioration in their state of health, but also more generally would end up being detrimental to the health of the entire population. 

8/ Restrict family reunification

To bring their family to France, a legal foreigner would have to have at least 24 months of presence on national soil, compared to 18 today. A certain level of income would also be part of the criteria requested by the senators, as well as membership of the health insurance system.

9/ Increase fines for employers found guilty of employing undocumented workers

The government plans to increase fines for employers employing undocumented immigrants.

"The maximum amount of the fine is €4,000 and can be applied as many times as there are workers affected by the violation," the bill says. The amount can be doubled if the offense is repeated within two years.

On the other hand, articles 14 to 18 target the exploitation of migrants, with sanctions for, among others, smugglers and slum landlords or gang leaders exploiting migrants.