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(en) France, Coordination of Anarchist Groups (CGA) - IAL #95 - "Left" in power no hope for undocumented migrants (fr) [machine translation]

Date Tue, 07 May 2013 13:48:42 +0300


The Sarkozy-era Besson-Hortefeux was marked by an aggressive and uninhibited speech against the immigrants. At the level of undocumented persons, the legislature continued hardening leaving fewer opportunities for adjustments. The number of evictions have increased steadily to a record of 36,822 in 2012 renewed the borders (with seven months of the year under the terms of the new majority). If the figures are disputed because they are inflated (yes expel is an electoral argument!) It remains that the policies in place have contributed to stigmatizing invisibiliser increasingly precarious and people without papers, breaking the possibility of emergence of their struggles and maintain without-law, bondsmen to thank you on behalf of a large number of employers and economic sectors.

During the election campaign Hollande was only promised to "regularize illegal immigrants on a case by case on the basis of objective criteria" here's a promise that really is not binding. He announced that the figure of 30,000 per year adjustments would maintenu2 while stating that the criteria would be the same for all: the contradiction is obvious between the highlighting of criteria wanting objectives and the announcement in advance the number of adjustments ... not need to be Nostradamus to understand that, despite a less aggressive tone against immigrants, the policy would be in line with previous.

The output of the circular Valls November 28, 2012, on the conditions for the examination of applications for stay of foreigners in an irregular situation, obviously confirmed this. Government communications, however, allowed to present it as a policy now some firmness while relaxing around certain criteria including regularization through work and for parents of school children. This vision is spent in the general public and even drilled in activist circles. In the same vein, the output of the circular of 11 March, on the recall prefectures 'methods' expulsion, arrest, detention ... will do nothing to fundamentally change the situation: it is to make expulsion "qualitative" rather than quantitative (sic), while announcing years there will be no less of "deportations" (you can find that logic, do you?). He asked prefectures to legally secure investments Centers Administrative retentions that they actually lead to eviction, to favor the arrest rather than detention CRA to deport more asylum seekers rejected ... . apart from the demand to end the arrests in queues prefectures, nothing significant for people without papers ...

However, as we will see later in this article, this vision is truncated circular Valls November 28 continues globally to toughen conditions for access to residence of undocumented persons.

Circular Valls is a standard limited legal value, it can not supplant the law and the discretion of the prefectures. She was introduced to clarify the criteria for admission to stay CESEDA on which the prefectures can base their decisions. Presented as a measure ending the arbitrary prefectures, by its nature, it nevertheless has no obligation application. Far from being as announced in the government, implementation of egalitarian criteria and somewhat more flexible for certain situations, it is rather a strengthening of the existing legislative arsenal, offering a harsh interpretation of existing laws .

Circular and not law, it is no right: people who fall within the criteria that states are by no means assured of getting their papers.

Even more restrictive than the law criteria

The criteria mentioned in the circular are more restrictive than those in the CESEDA on two levels:

- Circular covers only a part of the cases listed in the statute, certain situations are not mentioned, for example, a person who has his entire family on the French territory not within criteria circular, while CESEDA reported this

- The interpretation of Articles CESEDA proposed by the circular marks a considerable setback. For example, in almost all situations listed, a minimum of 5 years presence in the territory is required (this is the first time in an official text is a minimum stay), in addition to other requirements .

Without detailing all the criteria of the circular, the situations mentioned are reduced and the conditions for a "map private and family life" become virtually inaccessible for most undocumented people (parents of children enrolled for a minimum 3 years spouses legal aliens, young majors entered in France before 16 years) and admission to stay in work, which in fact relate to the major of the undocumented are particularly eloquent.

For a "temporary residence employee mention" a person without papers must show a work contract permanent or temporary at least 6 months of age working eight consecutive months or not 24 last months or 30 months, consecutive or not over the last 5 years, a significant length of stay of at least 5 years in France and a basic command of the French language.

How honest worker undocumented can prove an effective work, knowing that the vast majority moonlights? If as salarié.e undocumented payslips are produced, is that a prior offense was committed (except a few cases at the margin that is supported by their employer):

- Either by working with a fake: fake and forgery

- Or under a false name: identity theft

- The person working without paychecks and there it is the employer who commits an offense: illegal employment

Already difficult to get a regularization by family ties, it becomes no longer possible for the largest number of undocumented persons to have access to a residence by work.

The consequences

With the establishment of clear and restrictive criteria, further grant under residence circular Valls result: the undocumented people who are able to produce supporting documents are not guaranteed to be regularized and others are deterred to submit an application. Unsurprisingly, migration policy, through its legislature continues to produce a workforce without rights and exploited at will.

Undercover egalitarian criteria ending arbitrary and a more nuanced discourse on immigration, the government has reduced to a few crumbs interest (already not virulent) of public opinion on the issue of undocumented migrants. Everywhere in France, various associations and collective decline sharply mobilization and struggle to find effective solutions to hope to reduce or modify the hardness of each case reinforced by the circular.

The circular also result in creating categories of undocumented migrants: on one side, the "good" undocumented, those that fall within the criteria and can access a residence and the other for which few prospects open. This division already existing, is quite clear in the militant and associations: even if all collectives and associations appear to agree that the obtaining of permits is more complicated, some organizations simply relieve the pressure of queues and treatment records of a few people entering criteria.

As a reminder, some criteria are derived from the circular discussions between the platform 12 (CGT, FSU, UNEF, Autemonde, Cimade, Collective May 31, Women Equality, JOC, LDH, MRAP, RESF, SOS Racisme) and Government particularly following strikes the honest workers undocumented Paris which began in 2008. Note that these associations are only French structures "recognized" and of course the collective of undocumented migrants are absent. Only the fight and pay the balance of power: the strike honest workers Paris undocumented do its paid off since it enabled them to obtain regularization criteria in their favor, but alas specific way. The requirement of paid cards and an employment contract rules out the black workers who are in the majority among the undocumented.

Even more perverse, it is specified on the last page of the circular "attach particular importance to regular contacts with trade unions, employers' organizations and associations and collective defense recognized foreign national or local level" Is it necessary to specify that the group of undocumented migrants are not "recognized" structures? For example, one reason for the judgment of the hunger strike in Lille in November 2012, is the CSP59 got to participate in meetings prefecture (where it was excluded) as well as institutional associations .

It remains essential to wear a global discourse on immigration and claim regularization of all undocumented immigrants to avoid being trapped in this type of setting very phenomenon limited to the exclusion of other categories while creating the illusion of relaxation.

Outlook fight

The circular comes into effect December 3, 2012, while last month, approximately 150 undocumented migrants were on hunger strike in Lille. This action, killed by the media, was supported by other group of undocumented including Paris and led the movement "Should he die for papers?" Fostering national solidarity mobilizations. Although mobilization has declined since January, the struggle continues CSP59 for regularization of all the hunger strikers. Parisian collective are still mobilized and called for the weekly gatherings. Today pieces of mobilizations exist and certain groups of undocumented migrants are very active, but overall, few group remained and those that still exist are struggling to implement effective actions to extract adjustments.

On March 10, 2013, held in Paris, a national meeting of collective undocumented and associations supporting undocumented fifteen collective associations and several regions were present. The view is shared: only national mobilizations scale can make an effective fight and hope to get out of only symbolic actions, so far no date national demonstration is stopped.

To affirm our solidarity with the undocumented migrants and to stop suggest that immigrant-es are responsible for social regression imposed by the state and employers, we must all help to support response efforts on issues of immigration.

Céline and Gilles

(Group of Montpellier)
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