During the debate on the immigration law this winter, parliamentarians
tried to put an end to automatic access to nationality for all minors
born in France to foreign parents. This provision having been rejected
by the Constitutional Council, it should reappear in the coming months
because it is one of the battlehorses of the far-right followed by the
right up to certain Macronists. ---- By the next national elections we
should be entitled to a constitutional revision allowing France to
abolish land law in one of its departments, Mayotte, pending its
generalization.
The Nationality Code currently in force
The Nationality Code provides that any child whose at least one parent
is French is French at birth (this is "blood law"), as well as any child
born in France whose at least one parent was born in France (this is
what we call "double soil law").
Unlike the United States, land law is not "complete" in France. The mere
birth of a child on French soil is not enough to make him a national. In
our legislation relating to nationality (contained in the civil code), a
child born in France to foreign parents must wait until the age of 13,
and provide proof of five years of residence since the age of 8, so that
his parents can claim for his counts French nationality. In the absence
of this parental declaration, the child automatically becomes French
upon reaching majority, always provided that there has been habitual
residence for a continuous or discontinuous period of at least five
years since the age of 11.
Note that this automaticity was called into question in 1993 by the
Chiraquian right which was already chasing the electorate of Le Pen
senior! From 1993 to 1998, young people born in France to foreign
parents had to apply for French nationality between the ages of 16 and
21. The return of the principle of automatically acquiring French
nationality took place in 1998 (law of March 16, 1998) for young
foreigners born in France and residing there for at least 5 years.
The Mayotte case
This nationality code is no longer the same in Mayotte, which has
nevertheless been a French department since 2011. In fact, since March
1, 2019, in application of the law of September 10, 2018, children born
in Mayotte to parents Foreigners can only become French by virtue of
their birth in this territory if, on the date of their birth, at least
one of their parents had been residing in France in a regular and
uninterrupted situation for three months. If the Constitutional Council
admitted the constitutionality of the 2018 reform, it is because it was
a simple "adaptation" of national legislation permitted by article 73 of
the Constitution, having regard to the "characteristics and constraints"
of this overseas department linked to the importance of migratory flows.
In application of this reform, a large proportion of children born in
Mayotte to foreign parents no longer have access to French nationality -
the number of acquisitions would have increased from 2,900 in 2018 to
900 in 2022, according to the figures communicated by the ministry. This
has therefore not had the slightest effect on migratory flows towards
Mayotte or on the number of residence permits issued. This number of
acquisitions of French nationality is, moreover, slightly below the
national average.
As we could have suspected, the right to French nationality does not
produce any attraction effect, no "call for air": It does not explain
the figures for irregular immigration! Comorians, particularly Mohelians
and Anjouanese, go to Mayotte out of necessity. The motivation for their
departure is the refusal of poverty, misery, the absence of a future
like any so-called economic migration. If Mayotte is the poorest French
department, it is also the richest island in the Comoros Archipelago
where, despite everything, one can hope to receive treatment and have
access to education. Consequently, the Comorians will leave, whatever
the obstacles that stand in their way at the risk of their lives. As for
Darmanin and Macron, they continue to pave the way for the far right.
In Mayotte, as everywhere in France, the idea is to sort out young
people, sending them back to their origins and their ancestry. And we
see the ideology of the "great replacement" coming back into full light,
according to which the increase in the number of immigrants in the
French population calls into question "national identity". Marine Le
Pen, who, in her presidential program, included the end of land law in
Mayotte, and the end of automatic access to nationality, formulates it
without hesitation: "French nationality is inherited or is deserved.»
Denis, Reims 3/03/24
http://oclibertaire.lautre.net/spip.php?article4138
_________________________________________
A - I N F O S N E W S S E R V I C E
By, For, and About Anarchists
Send news reports to A-infos-en mailing list
A-infos-en@ainfos.ca
tried to put an end to automatic access to nationality for all minors
born in France to foreign parents. This provision having been rejected
by the Constitutional Council, it should reappear in the coming months
because it is one of the battlehorses of the far-right followed by the
right up to certain Macronists. ---- By the next national elections we
should be entitled to a constitutional revision allowing France to
abolish land law in one of its departments, Mayotte, pending its
generalization.
The Nationality Code currently in force
The Nationality Code provides that any child whose at least one parent
is French is French at birth (this is "blood law"), as well as any child
born in France whose at least one parent was born in France (this is
what we call "double soil law").
Unlike the United States, land law is not "complete" in France. The mere
birth of a child on French soil is not enough to make him a national. In
our legislation relating to nationality (contained in the civil code), a
child born in France to foreign parents must wait until the age of 13,
and provide proof of five years of residence since the age of 8, so that
his parents can claim for his counts French nationality. In the absence
of this parental declaration, the child automatically becomes French
upon reaching majority, always provided that there has been habitual
residence for a continuous or discontinuous period of at least five
years since the age of 11.
Note that this automaticity was called into question in 1993 by the
Chiraquian right which was already chasing the electorate of Le Pen
senior! From 1993 to 1998, young people born in France to foreign
parents had to apply for French nationality between the ages of 16 and
21. The return of the principle of automatically acquiring French
nationality took place in 1998 (law of March 16, 1998) for young
foreigners born in France and residing there for at least 5 years.
The Mayotte case
This nationality code is no longer the same in Mayotte, which has
nevertheless been a French department since 2011. In fact, since March
1, 2019, in application of the law of September 10, 2018, children born
in Mayotte to parents Foreigners can only become French by virtue of
their birth in this territory if, on the date of their birth, at least
one of their parents had been residing in France in a regular and
uninterrupted situation for three months. If the Constitutional Council
admitted the constitutionality of the 2018 reform, it is because it was
a simple "adaptation" of national legislation permitted by article 73 of
the Constitution, having regard to the "characteristics and constraints"
of this overseas department linked to the importance of migratory flows.
In application of this reform, a large proportion of children born in
Mayotte to foreign parents no longer have access to French nationality -
the number of acquisitions would have increased from 2,900 in 2018 to
900 in 2022, according to the figures communicated by the ministry. This
has therefore not had the slightest effect on migratory flows towards
Mayotte or on the number of residence permits issued. This number of
acquisitions of French nationality is, moreover, slightly below the
national average.
As we could have suspected, the right to French nationality does not
produce any attraction effect, no "call for air": It does not explain
the figures for irregular immigration! Comorians, particularly Mohelians
and Anjouanese, go to Mayotte out of necessity. The motivation for their
departure is the refusal of poverty, misery, the absence of a future
like any so-called economic migration. If Mayotte is the poorest French
department, it is also the richest island in the Comoros Archipelago
where, despite everything, one can hope to receive treatment and have
access to education. Consequently, the Comorians will leave, whatever
the obstacles that stand in their way at the risk of their lives. As for
Darmanin and Macron, they continue to pave the way for the far right.
In Mayotte, as everywhere in France, the idea is to sort out young
people, sending them back to their origins and their ancestry. And we
see the ideology of the "great replacement" coming back into full light,
according to which the increase in the number of immigrants in the
French population calls into question "national identity". Marine Le
Pen, who, in her presidential program, included the end of land law in
Mayotte, and the end of automatic access to nationality, formulates it
without hesitation: "French nationality is inherited or is deserved.»
Denis, Reims 3/03/24
http://oclibertaire.lautre.net/spip.php?article4138
_________________________________________
A - I N F O S N E W S S E R V I C E
By, For, and About Anarchists
Send news reports to A-infos-en mailing list
A-infos-en@ainfos.ca
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