On the popular TV network TF1, Retailleau recently revealed one of the main priorities of his migration policy: to deport more irregular migrants from France. To achieve this, he has asked the prefects – the officials representing the government in the regions – to do more, and in particular "to deport more".

A few months ago, in October 2023, his predecessor, the former Interior Minister Gérald Darmanin expressed more or less the same, saying he intended to deport all foreigners "considered dangerous."

In the aftermath of a stabbing attack in Arras, France, which killed school teacher Dominique Bernard, the government had already asked the country's prefects to "re-examine in detail" all "individual cases, ...particularly when they involve illegal immigrants." Darmanin told them to increase the pace of deportations. But this is not easy to do.

'Checking that deportations comply with the rule of law'

The law regulates deportations and determines what is permitted and what is not. "There are procedural safeguards. We don't do just anything, just anyhow. We follow a preliminary procedure to verify that the deportation complies with the rule of law," lawyer Stéphane Maugendre, a specialist in immigration law, told InfoMigrants last year.

France already deports foreign offenders. In the event of a serious offense (such as murder or attempted murder), "terrorist behavior" or "acts of incitement to discrimination, hatred or violence," the convicted person, whether they are in a legal or irregular situation, can already lose their protection and residence permit and be deported.

'Overwhelmed prefectures'

The prefectures, which have been asked to do more, are overwhelmed, already responsible for issuing deportation notices (OQTF), placing irregular immigrants in detention centers (CRA), and making house arrests of immigrants who must be deported. "They are completely overwhelmed," Pierre Moscovici, the First President of the Court of Auditors, said in a legislative hearing in April.

Only 5 percent of people under a deportation order went to a migrant detention center (CRA) between 2019 and 2022, Pierre Moscovici added. "And of these, half were sent back out of France."

It is unclear whether it would be possible to increase deportations. First, some foreigners under deportation notices are not legally deportable, like Afghans. France does not return nationals to countries deemed unsafe.

In addition, many countries, such as North African or sub-Saharan African countries, do not always issue consular passes. Without this document, issued by the country of origin, it is impossible to deport an undocumented national.

Also, according to Pierre Moscovici, "some airlines refuse to board those who have been deported."

In total in France, only 12 percent of deportation notices end up in actual deportations, Moscovici said.

The fact remains that deportations have increased under Gérald Darmanin’s term. According to figures from the interior ministry, 22,700 people were deported from the country - voluntarily or by force in 2023. This is more than in 2022 (19,400) and in 2021 (16,800).

Fewer regularizations

In addition to more deportations, the interior minister has also said that he wants to see fewer regularizations of foreign nationals. He proposed a revision of a 2012 directive enabling the regularization of tens of thousands of undocumented immigrants through work or for family reasons (such as foreign parents of school-age children).

In 2023, 35,000 undocumented immigrants were regularized under the Valls directive.

Also read: New French interior minister claims 'mass immigration is not an opportunity for France'