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woensdag 8 mei 2013

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


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 salari?.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.

C?line and Gilles

(Group of Montpellier)

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