"I feel the job is done." That is how Prime Minister Élizabeth Borne concluded the challenging negotiations surrounding the immigration bill, now adopted by both legislative chambers. On the evening of December 19, the National Assembly adopted the text with 349 votes in favor and 186 votes against.

The immigration law encompasses a series of contentious provisions. Migrant rights advocacy groups slammed the law as an "ideological victory of the far-right," and as the "most regressive" text in 40 years. Marine Le Pen, the far-right, anti-immigration party leader, herself claimed "an ideological victory" on Tuesday. 

However, the text still faces scrutiny from the constitutional council, which has the authority to eliminate certain parts of the law. Even the Prime Minister and the Minister of the Interior have acknowledged that some aspects of the law may run counter to the French constitution.

Here are the key measures of the law:

Social Security benefits 

The topic of social cecurity benefits has been extensively discussed by MPs, with a focus on the distinction between foreigners who work and those who do not.

Under the bill, monthly rent assistance (APL) is tied to residency duration, requiring five years for foreigners not in employment and only three months for those working. These new restrictions do not apply to international students or refugees. 

To benefit from social assistance other than APL, unemployed regular migrants must prove they have resided in France for at least five years. For those who work, the duration is reduced to 30 months. Disabled people will not be affected by this measure.

State Medical Aid (AME), reserved for undocumented people, will not be abolished as initially proposed by the right-controlled Senate. However, Prime Minister Borne has expressed the intention to revisit the discussion separately for reform "at the beginning of 2024."

The bill, however, restricts access to the “sick foreigner” residence permit. With some exceptions, it can only be granted if there is no “appropriate treatment” in the country of origin. There will also be no financial health coverage from the state if the applicant has resources deemed sufficient. 

Regularization of undocumented immigrants

The bill gives prefects discretionary power to regularize undocumented workers in work sectors suffering from labor shortages. Initially planned as a visa, it is scaled down to a prefect’s discretion.

This possibility of regularization will take the form of a one-year residence permit, issued on a case-by-case basis, provided one has resided in France for at least three years and has been in paid employment for at least 12 out of the 24 past months. This "experiment" will last until the end of 2026.

An undocumented worker can apply for this residence permit without the approval of their employer.

Birthright

The legislatures have terminated the automatic attribution of French nationality upon reaching 18 for individuals born in France to foreign parents. Now, foreigners must apply for it between the ages of 16 and 18.

Another condition obtained by the right: people convicted of a crime cannot access French citizenship through this process.

Asylum appeals court (CNDA)

The organization of the asylum appeals court (CNDA) is also reformed, with the creation of territorial chambers of the CNDA and the generalization of a single-judge jury – compared to three currently, including an assessor judge appointed by the United Nations High Commissioner for Refugees (UNHCR). Three-judge juries will only be used “for complex cases”.

This move was condemned by court agents, who were on strike several times last November. The establishment of a single judge will have the effect of "impacting the quality of debates, deliberations and decisions," and will cause "a serious attack on the rights of applicants," Sébastien Tüller, of the public agents Sipce union, told InfoMigrants.

The strikers also denounced the "hellish pace" imposed on Court agents, to process as many files as possible, with consequences on their work of verifying stories. "The more we botch our work, the more we miss important things," insisted Sébastien Tüller. It also has an impact on the lives of asylum seekers, for whom the response to their file will determine their future in France."

The new law also decentralizes the CNDA by creating territorial chambers.

Loss of nationality

Removal of nationality will be possible for dual nationals convicted of intentional homicide against any person holding public authority.

Illegal residence offense

The reinstatement of the "illegal residence offense" was initially described as useless by the presidential camp. But the measure, accompanied by a fine without imprisonment, ended up being adopted anyway.

Family reunion

The legislatures also tightened the conditions for family reunification. From now on, the applicant will have to prove they have been on French soil for 24 months (18 months previously), "stable, regular and sufficient" resources and have health insurance.

The minimum age of the spouse has been raised to 21 years, and no longer 18 years. 

Student deposit

Except in specific cases, individuals under a student residence permit will be subject to a deposit, intended to cover potential "removal costs."

Macron's party initially opposed this measure, considering it a "breach of equality" between students and potentially detrimental to international students. Despite their reservations, they ultimately voted in favor of it.

Administrative detention centers

Despite the reluctance of the right, the ban on placing foreigners under 18 in detention is included in the final law. This does not apply to Mayotte, Guadeloupe nor Guyane, where most foreign minors are currently detained. 

Migration quotas

Migration quotas have been adopted to limit the number of foreigners admitted to the territory "for the next three years. This does not apply to asylum seekers.

Initially deemed unconstitutional by the presidential camp, the measure, along with the holding of an annual debate on immigration in Parliament, ultimately appears in the new law.