2024-01-05 11:29:22
During a demonstration by undocumented delivery workers in front of the French Office for Immigration and Integration, in Paris, December 8, 2023. THOMAS SAMSON/AFP
Since its adoption in Parliament, the law relating to immigration has been presented by Emmanuel Macron and the government as faithful to the doctrine of “at the same time”. On the one hand, the text claims to fight “against smugglers” and the illicit entry of foreigners into France. On the other hand, it would aim to “better integrate those who are intended to remain on our soil” : THE “refugees, students, researchers, workers”. By expressing himself in his wishes to the nation, on December 31, 2023, the President of the Republic sought to show that the reform, the result of a compromise with the elected Republicans, and inspired in places by the software of the National gathering, reconciled firmness and humanism.
But this desire for balance is contradicted by the measures concerning social benefits. In reality, the text lays down new rules which tighten the conditions of access to several rights for foreigners who are not nationals of the European Union, in a legal situation, which risks plunging these people into destitution.
A first regime is created, which provides that the foreigner must either have resided in France for at least five years, or “prove a duration of affiliation of at least thirty months for a professional activity” – knowing that this can also include periods not worked (unemployment, sick leave). This “waiting period” is new for the targeted aid: family allowances, childcare benefit, back-to-school allowance, family supplement, personalized autonomy allowance, etc.
“Considerable regression”
A second regime has been put in place for personal housing assistance (APL): to receive it, the foreigner must either hold a student visa, be established in the territory for at least five years, or provide proof of a “affiliation period of at least three months for a professional activity”. This too is an innovation. However, these stricter criteria, the law specifies, do not apply to those who have obtained refugee status or hold a resident card.
On December 19, 2023, Olivier Dussopt, the Minister of Labor, refuted the logic of discrimination between nationals and foreigners, and argued that the text established a ” difference “ between those who work and those who do not work, “whether we are French or foreign”. “We want those who work to be better supported”, he added, alluding to the shorter waiting period for employed foreigners than for others. A presentation which omits that the new regime only applies to non-European residents, and suggests that certain foreigners deserve more than others to be covered by our welfare state.
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