The recent legislative changes regarding immigration in France and the agreement reached by the European Union to reform the union’s immigration policy announce a change in the landscape of immigration on the continent.
France’s Proposed Immigration Law
The immigration and asylum bill was a source of much controversy when it was announced in both the Assemblée Nationale and amongst the population, as several French cities saw protesters taking to the streets to express their discontentment over the law. The controversy is steeped in reform such as a reduction of judges on the National Court of Asylum which handles asylum seekers’ demands, certain modifications on family reunification including a requirement of French language for family members who wish to join their spouse or relative who has already immigrated to France and the proposed law could generate a reduction in government benefits. The reforms have been suggested as harmful as they limit asylum seekers and economic immigrant rights and chances of obtaining papers in France. The proposed bill will be scrutinised by the Constitutional Council, which will evaluate its compatibility with constitutional principles, including the right to seek asylum which the French Constitutional bloc guarantees. The proposed law, if passed or partially passed, will have consequences in the migrant demographic in France as well economic consequences brought on by restrictions imposed on current immigrants in France.
Indeed, the contribution that immigrants and individuals who do not have a legal status in France bring to the workforce is often not recognised as it is illegal. The new bill has the potential to penalise such individuals and also diminish an economic component that is not always visible. Furthermore, many current individuals who do not have legal status but are working and paying taxes risk to be penalised as well, by not receiving the benefits they were previously given.
The New Pact on Migration and Asylum
In parallel, the member states of the European Union have come to an agreement regarding the much debated immigration reform, a much contested topic since the 2015 migrant crisis. The reform places emphasis on the sharing of the migrant burden and is heavily axed on the equal distribution of responsibility of member states in taking in migrants through more effective screenings and regulation. While the pact proposes efficiency and solidarity and presents itself as a milestone on the disputed topic it holds similarities to France’s proposed law, triggering concern from human rights organisations. Aside from jeopardising human rights of individuals seeking asylum and individuals seeking economic immigration and harming the inclusivity efforts, it further undermines the economic contribution of such individuals to European society.
In ensuring compliance with international human rights instruments, the distinction between immigrants, migrants and asylum seekers and the different regimes that govern their rights has to be maintained. Restricting legislation such as France’s proposed law conflates those different regimes and undermines the economic contribution of migrants. For example, restriction on family reunification demonstrates that states have an economic need for individuals to contribute to the labour market and equally show a certain reluctance to encourage long-term immigration. This duality will be difficult to sustain in the long-term and undermines the contributions of both economic migrants and asylum seekers.
By The European Institute for International Law and International Relations
