Immigration Act: several provisions come into force

The law “to control immigration, improve integration” was enacted on January 26, 2024, and then published in the Official Journal the next day. Several provisions of the law came into force following the publication of implementing decrees on July 14 and 16, 2024.

A contract of commitment to respect the principles of the Republic

Since 17 July 2024, a foreigner wishing to obtain a residence document must now sign a contract stating that it undertakes to respect the principles of the Republic. These include:

• personal freedom;
• freedom of expression and conscience;
• gender equality;
• respect for the dignity of all human beings without discrimination of any kind;
• the principle of secularism;
• the currency and symbols of the Republic.

House arrest or detention for asylum seekers

The provisions on house arrest are evolving for asylum seekers.

As of 17 July 2024, an irregular foreigner who has applied for asylum can be placed under house arrest if he or she poses a threat to public order. The decision to place an asylum seeker under house arrest must take into account the asylum seeker’s vulnerability. This state of vulnerability may be related to the fact that the person in question is, for example:

• a minor;
• a pregnant woman;
• a person with a disability;
• a person who has been subjected to torture, rape or other serious forms of psychological, physical or sexual violence.

The time limit for introducing an obligation to leave French territory

Since 17 July 2024 when it was definitively decided (in particular by the French Office for the Protection of Refugees and Stateless Persons or the National Court of Asylum) that an asylum seeker could not remain on French territory, after having been informed of this, a prefect must issue within 15 days a obligation to leave french territory to him.

One of the decrees also specifies the procedures before administrative and judicial judges in matters of removal and detention. For example, it is foreseen that from 15 July 2024 when separate applications are brought before an administrative court, one for the annulment of an OQTF and the other for the annulment of an extension of an OQTF. prohibition on return to french territory, the court or tribunal shall give a decision by a single decision within the time-limit for deciding on the obligation to leave French territory (this time-limit varies according to the situation).