France’s highest court has ruled that the country’s police can no longer arrest and detain illegal immigrants unless they are suspected of having committed a criminal offence.
Illegal immigrants in France can no longer be held in police custody simply for not having residency papers, the country’s highest court ruled on Thursday.
Until now, police could detain “sans-papiers” [“without papers”, the French term for illegal aliens] even if they had not committed a crime.
Under French law, police detention only applies to people suspected of having committed an offence punishable with a prison term.
Police detention is limited to 24 hours, although it can be extended to 48 if further inquiries have to be made. Being an illegal alien, under French law, is not a criminal offence.
Being an illegal alien is not a crime in France
On Thursday the French “Cour de Cassation” [the country’s highest court] ruled in favour of a group of illegal immigrants who claimed their detentions were in breach of European law.
Interior Minister Manuel Valls said after the ruling that the government would act swiftly to amend French law, although he maintained that “the ultimate removal of illegal aliens [from France] must remain central to any legislation on this issue.”
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