Counter Report on Immigration and Asylum

This counter-report is the result of inter-associative work. It was produced within the framework of the collective Uni (e) s contre une immigration disposable (UCIJ), which was formed in January 2006 to denounce and fight the Sarkozy bill reforming the CESEDA. The organizations, which contributed to the development of this document, are experts in their field of expertise.

The name of “counter-report” was chosen to echo the reports drawn up over the past few years by the National Assembly and the Senate on questions of immigration and asylum in France, to assess the implementation of successively adopted reforms. Very focused on issues of flow management, they tend to legitimize the evolutions of the policy undertaken but hardly measure their concrete effects on a part of the population of our country.

This counter-report seeks to take stock of the applicable law and practices in almost all areas falling within the fields of asylum and immigration. It is illustrated by direct testimonies of situations with which our organizations have had to deal, of people or families to whom they felt they should provide support, because they were victims of administrative arbitrariness or of the inconsistency of texts, and because trying to restore them to their right or prevent them from breaking off family life is after all only trying to restore their dignity.

The production of this counter-report appeared to us all the more desirable since we know that on the eve of important electoral deadlines, the context is favorable to the expression of untruths and emblematic announcements.

Paris, March 24, 2007

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Summary

Introduction: REMINDERS ON THE EVOLUTION OF LEGISLATION

I – ENTRY INTO FRENCH TERRITORY

I-1. Visa policy

I-2. The waiting area (ANAFE)

I-3. Outsourcing of EU asylum and immigration policy (Migreurop network)

II – CONDITIONS OF LIFE AND STAY

II-1. How many are they ?

II-2. The resident card: the exception (GISTI)

II-3. Private and family life (LDH)

II-4. The right of residence for sick foreigners (ODSE)

II-5. Parents without papers of school-going children: the kingdom of arbitrariness (RESF)

II-6. Foreign Women (Action Committee against Double Violence)

II-7. The challenges of intercultural education: school responses (FSU)

III – THE RIGHT OF ASYLUM IN QUESTION

III-1. The asylum procedure: a policy of constraint (CFDA)

III-2. Reception of asylum seekers marked by unequal treatment (CFDA)

III-3. Lack of will for the implementation of protection for statutory refugees (CFDA)

III-4. Asylum: the other policy of deterrence (“Collectif de support des exiles” & Gisti)

IV – WORK

IV-1. Labor immigration (Gisti)

IV-2. Seasonal foreign workers: the “example” of Bouches-du-Rhône (CODETRAS)

IV-3. Protect the national labor market? A big lie! (Solidarity)

V – REPRESSION, ENCLOSURE, REMOVAL

V-1. The policy of expelling foreigners from the territory: the obsession with numbers (Cimade)

V-2. Double-speed justice (Syndicat de la magistrature)

V-3. Remoteness (UCIJ)

V-4. No, the double penalty has not been abolished!

V-5. Bilateral agreements: the example of Senegal (Droit Avant !!)

VI – THE FORTRESS OVERSEAS

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