The circular of the Ministers of the Interior and of Justice of February 21, 2006 relating to the “conditions for the arrest of an illegal alien, police custody of an illegal alien, criminal responses” is characterized by a real abuse of the law.
It aims, in fact, to extract from a certain number of decisions of the Court of Cassation a legal framework for the most astonishing arrests of foreigners in an irregular situation – at their home, in the premises of associations, in homes. and collective residences, and even in the operating theaters of hospitals. It also draws from the case law recipes intended to trap these foreigners by seemingly innocuous summons to the prefectures in order to question them there with a view to their removal