Question 45245 — foreigners

Summary

Ms. Albane Gaillot draws the attention of the Minister of the Interior to the “constant law” recodification of the code of entry and stay of foreigners and the right to asylum (CESEDA). Article 58 of the “Asylum and Immigration” law of September 10, 2018 led to a “constant law” recodification of the CESEDA aimed at giving it more readability and applied via an ordinance and a decree of December 16, 2020. The new CESEDA entered into force. force on May 1, 2021 and shortcomings and additions resulting from this recodification seem to be deplored. The MP alerts the minister on two points in particular. The first concerns people who are victims of domestic violence who are French partners. The current wording of article L 423-5 of CESEDA no longer indicates the right to renewal and non-withdrawal of the residence permit in the event of domestic violence or family, although guaranteed since 2007. This absence of explicit and yet legal mention could prevent many victims of domestic violence from remaining in the territory. The second point of concern concerns victims of prostitution trafficking. The new version of article L425-1 of CESEDA requires the victim, in order to obtain a residence permit, to have severed all ties with the exploiter. The addition of this condition, previously only present in the regulatory and non-legislative part of the code, risks having consequences for victims of trafficking. Until now, prefectures issued “trafficking” residence permits without requiring proof of severance of ties with the operator or the network. In the event of strict application of this condition, victims of trafficking who do not yet have a residence permit could be refused the issuance of a resident card. She therefore questions him about the impact of the “constant law” recodification of the CESEDA on the protection of foreign persons who are victims of domestic violence and prostitution trafficking and the guarantees that it will provide so that the editorial modifications do not infringe their rights.

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