More custody for illegal: instructions Chancery

On July 5, the Supreme Court ruled that custody for the sole reason of residing illegal.

The Chancery takes the consequences of recent judgments of the Supreme Court stating that the illegal stay of a foreigner may not be enough to placement in custody. It thus requires that custody be avoided for illegal immigrants on French soil in a circular sent to prosecutors.

On July 5, the Supreme Court ruled that custody for the sole reason of residing was illegal as a result of two judgments in 2011 by the Court of Justice of the European Union. This decision relates to 60,000 people per year, according to advocacy groups undocumented.

"The Prime Minister has asked me to quickly propose legislation to give a legal basis for our action", said the evening the Minister of the Interior, Manuel Valls. His friends had said that a bill could be presented to Parliament "to return."


The Ministry of Justice points in the circular that the custody is possible for any foreigner "against whom is raised, besides the crime of illegal residence, an offense punishable with imprisonment (including forgery, false or identity theft). " He also noted that the underground "can still be retained on site or at the local police station where he was taken for verification of identity" for a time however, can not exceed four hours. Previously custody allowed to retain these people for twenty-four to forty-eight hours.

"The fight against the networks that fuel illegal immigration and thrive by exploiting the plight and vulnerability of migrant population weakened by their irregular administrative situation must naturally remain a priority of your criminal policy," it added.

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