France Plans Major Immigration Policy Overhaul with Extended Detention Periods

The French government has announced plans for a new immigration law aimed at extending detention periods for irregular migrants. As detailed by government spokesperson Maude Bregeon, the proposal is the brainchild of Bruno Retailleau, the newly appointed Minister of the Interior, and is slated for adoption by early 2025. This initiative seeks to overhaul the country’s immigration protocols ostensibly “to protect the French people” and facilitate more stringent immigration enforcement.

According to Bregeon, the crux of the proposed legislation is to extend the maximum administrative detention limit for certain irregular migrants from 90 days to 210 days, a move that represents a notable shift in France’s current policy framework. The law targets migrants deemed a public danger, thus broadening the criteria under which individuals can be detained for longer periods. Additional insights into the announcement can be found in Bregeon’s interview here.

This proposal follows the aftermath of the controversial January 2024 immigration law, which faced significant challenges when the Constitutional Council invalidated 32 provisions. The annulled components included initiatives to restrict access to social benefits and to implement immigration quotas, which were declared unconstitutional by the Council, as detailed here.

Retailleau, who took office in September 2024, has been an outspoken advocate for stricter immigration controls, pledging to curb illegal migration and “restore order.” His agenda includes re-criminalizing illegal migration and revisiting legislation such as “Circulaire Valls,” which, since 2012, has decriminalized illegal residency, thereby inhibiting law enforcement from criminally detaining those unlawfully present in the country. His past declarations on policy changes can be referred to here.

For further details, you may visit the full announcement from the French government available on JURIST’s news page.