“Let’s stop delegating sovereign missions to private structures or associations!”

Amine Elbahi is a public law lawyer, lecturer in law at the University of Lille, and author of the book I will not be silent! (Robert Laffont 2022). He was a LR candidate in the North during the 2022 legislative elections.

The appointment of Michel Barnier to Matignon opens up a perspective of change in the management of migration policy. A glimmer of hope perhaps for a France in search of clarity and firmness in the management of its migration challenges. This choice, awaited by a silent but increasingly wary majority, must mark the beginning of a political surge. It is not simply a question of calming the legitimate fears of the 11 million voters of the National Rally, but of restoring the confidence of a people in its leaders, of demonstrating authority and consistency. Michel Barnier, through his career, his European stature and his ability to speak frankly, can embody this figure capable of guiding the country towards structural reforms. France has procrastinated for too long, turned a blind eye to the crucial issue of immigration for too long. We are now at a decisive turning point where inaction is no longer an option. We must now act with lucidity, courage and determination.

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The debate is no longer about whether immigration is a challenge, but about how to respond to it with the required firmness. France needs to rearm its State, to equip it with the necessary means to take back control of this crucial issue. The idea of ​​reintroducing a sovereign ministry specifically dedicated to immigration, with autonomous skills and a clear mandate is back on the table. This idea, formerly embodied by the Ministry of Immigration and Integration under Nicolas Sarkozy, is resurfacing with relevance. Far from being a political gimmick, this ministry is today essential to orchestrate a real restoration of republican authority in the field of migration. Because, to meet the expectations of the French, it is not simply a question of cosmetic measures, but of reconquering our national sovereignty, which begins with controlling our borders. Michel Barnier rightly recalled this in his handover speech: It’s time to tell the French the truth “. Every year, more than 100,000 orders to leave French territory (OQTF) are issued, and yet the vast majority of them are never executed. The failure of these expulsions is not only the result of administrative incapacity, but also a reflection of diplomatic weakness. For an OQTF to be effective, the foreigner concerned must have a travel document. When they have a passport, expulsion is facilitated. However, in the absence of this document, it becomes necessary to request a consular pass from the country of origin. But why do we continue to distribute visas to nationals of countries that refuse to take back their illegal immigrants in return? This diplomatic absurdity must stop. It is a matter of our honour and our firmness. If certain States refuse to play the game, then we must adapt our response only in return for a consular pass obtained for the execution of an expulsion decision. This is the proposal. Simple, clear and uncompromising. Diplomacy is only effective when it is based on a well-established balance of power. This action must be mobilized with our European partners.

The State finds itself helpless, forced to call on private law firms, due to a lack of sufficient internal resources, through a call for tender procedure.

Amine Elbahi

Let us not forget that, in parallel with the non-execution of OQTFs, another problem is largely ignored in the public debate: the misuse of Schengen visas. Under the directive Schengenan illegal immigrant can apply for a short-stay visa, type C, in another country, particularly in the Euro-Mediterranean area, thus facilitating their entry onto French soil without any real control. Once in France, some of these individuals take advantage of their situation to disappear into hiding, without reporting to the authorities. A few months later, the administrative courts are then overwhelmed by requests for exceptional admission to stay, often orchestrated by clever lawyers who exploit the loopholes in the system. This institutional laxity weakens the authority of the State and fuels a feeling of widespread distrust. The administrative judge thus finds himself forced to rule on requests for regularization, in particular in application of the Valls circular, which pushes prefects to regularize certain illegal immigrants present illegally in France. In other words, why regularize certain foreigners eligible for a criminal sanction? Why does the State not refer the matter to the criminal court to enforce the law, in particular Article L. 621-2 of the CESEDA, which provides for up to one year of imprisonment and a fine of 3,750 euros for any foreigner who enters illegally for the misuse of a Schengen visa obtained in another European country. This lack of coordination between our administrations is a gaping flaw in our migration policy. The same laxity is observed when a foreigner, already expelled, returns illegally to our territory despite a report for the purposes of non-admission to the Schengen area. So taking back control of our migration policy means first strengthening the State’s defenses before the administrative courts. Too often, the latter are overwhelmed by massive appeals, filed by associations and lawyers paid under legal aid.

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At the same time, the State finds itself helpless, forced to call on private law firms, due to a lack of sufficient internal resources, through a call for tenders procedure. This situation is particularly visible in departments such as the Nord departments or Paris. Here again, some lawyers who defend the interests of the State in one department find themselves in another situation defending those of illegal immigrants. This conflict of loyalty is unacceptable and illustrates the failure of the State to defend itself, with its agents, effectively. The solution is simple: the State must rearm itself politically and administratively. We must stop delegating part of the sovereign missions to private structures or associations that do not necessarily share the general interest by refocusing and concentrating our resources, by disseminating administrative knowledge and by putting an end to this bureaucracy that paralyzes our institutions. It is not a revolution that I am calling for but a rationalization of the forces present, a reordering of our priorities. They do not require recourse to the legislature but to implement the regulatory power of the State of the Prime Minister under Article 20 of the Constitution.

It is time for the State to take responsibility and show that it is still capable of fulfilling its primary mission: protecting its borders, ensuring its effectiveness and, above all, its legitimacy.

Amine Elbahi

For years, administrative judges and the Council of State have been warning of these abuses, particularly through the report Sthalwhich advocates a simplification of administrative litigation for foreigners and a reduction in government spending on legal aid, which the Constitutional Council recently extended to illegal immigrants. If the administrative courts are swamped with cases and judgment times are getting longer, it is also because the political class, as a whole, has been content with slogans and posturing without taking into account administrative warnings. The time for words is over. It is time for action. I suggest that Michel Barnier listens to him. It is time for us to act with force and determination to regain control of our migration policy. It is a question of sovereignty, security and national dignity. The French no longer expect promises, but results, beyond partisan interests. It is time for the State to take responsibility and show that it is still capable of fulfilling its primary mission: protecting its borders, ensuring its effectiveness and, above all, its legitimacy. The French no longer expect promises. They demand results. Beyond partisan interests, it is the higher interest of the Nation that must prevail.