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888
Question 888 — foreigners
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15 October 2024
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26 August 2025
Summary
Mr. Philippe Schreck questions the Keeper of the Seals, Minister of Justice, on legal aid granted to foreigners in an irregular situation. Article 3 of Law No. 91-647 of July 10, 1991 very widely grants legal aid to foreigners "without residence conditions", that is to say in an irregular situation, so that they can challenge the measures of remaining in the waiting zone, refusal to issue a residence permit or residence, an obligation to leave French territory or a ban on return or movement on French territory, an expulsion measure, administrative detention or transfer to another State of an asylum application. Ordinance No. 2020-1733 of December 16, 2020 facilitated and extended the possibility of granting legal aid. Thus, in addition to the subsidies granted to associations campaigning in this area, the taxes paid by the French are used to pay the legal costs of foreigners in an irregular situation so that they can remain in the country at all costs and indefinitely. There is therefore - at least implicitly - a real “legal aid for foreigners” which is to justice what medical aid to foreigners (AME) is to health! Nevertheless, the latter - which the Senate had decided to remove in 2023, at first reading of the bill to control immigration, improve integration, to replace it with emergency medical aid - has an official existence, is budgeted, is subject to a vote in Parliament, at least excluding abuse of the use of article 49, paragraph 3, of the Constitution... However, this "legal aid to foreigners in an irregular situation" exists in fact, but is not the subject of any procedure specific legislation, does not appear as such in the budgets of the Ministry of Justice; As for the financial data on the subject, they are non-existent or not public. We can therefore consider that it is a hidden budget and a parallel system ultimately aiming to defeat any sovereign migration policy. He therefore asks him to make this data public and, in particular, to specify the cost of the aid jurisdiction granted without residence conditions to foreigners for each procedure referred to in Article 3 of Law No. 91-647 of July 10, 1991.
Machine translation from French. The official text remains authoritative.
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- Official source: https://www.assemblee-nationale.fr/dyn/17/questions/QANR5L17QE888
- Open data entity: https://www.assemblee-nationale.fr/dyn/opendata/QANR5L17QE888