On 25 January 2024, the French Constitutional Council struck down a significant number of provisions in the immigration bill, many of them as legislative riders that had insufficient connection with the original text under Article 45 of the Constitution.
The following day, the Immigration Act of 26 January 2024 was promulgated. Despite the Constitutional Council's decision, a substantial number of restrictive reforms remained and entered into force, either immediately or through subsequent implementing measures.
Main changes that remained
- Reduction of statutory protection against OQTFs. The 2024 reform removed several automatic protections that previously prevented certain adults from receiving an OQTF. Minors remain protected from an OQTF.
- Changes to OQTF litigation. The reform reorganised the procedures and appeal deadlines applying to removal decisions.
- Longer and broader house-arrest powers in certain situations. The CESEDA was amended to expand the circumstances and duration in which house arrest may be used.
- Reform of asylum proceedings. The law strengthened the use of single-judge formations before the National Court of Asylum and developed territorial chambers.
- Video hearings in certain detention proceedings. The reform expanded the procedural framework for remote hearings in immigration detention cases.
- Changes affecting young adults formerly in child welfare. In certain circumstances, an OQTF can affect continued support after the age of majority.
- Changes to protections against administrative expulsion. The statutory regime was tightened for several categories of foreign nationals.
- Republican-values undertaking. Certain residence procedures now require an undertaking to respect the principles of the French Republic.
- Habitual-residence requirements. Renewal of certain residence permits is now linked to evidence of effective residence in France.
- New route for workers in shortage occupations. Article L. 435-4 created a specific regularisation mechanism for certain workers employed in recognised shortage occupations, subject to statutory conditions.
The 2024 Act therefore remained a major reform even after the Constitutional Council removed a substantial number of provisions. Many of its effects now shape residence, removal, asylum and regularisation procedures.
This article summarises the 2024 reform and should be read together with the current CESEDA and subsequent implementing legislation.
