French police officers monitor migrants during their walk in the courtyard of the Vincennes Administrative Detention Center on November 2, 2023. A report released by five associations present inside administrative detention centers, including Cimade, Forum Réfugiés, and France Terre d’Asile, reveals that nearly 47,000 undocumented foreigners, primarily men, were held in detention in 2023. One-third of these individuals were Algerian nationals. The majority of those detained were in Mayotte (over 28,000) and 17,000 were in mainland France. The number of individuals detained has increased compared to 2022, as has the average duration of detention, which reached twenty-eight and a half days, almost a week longer than the previous year.
However, despite the increase in detentions, the number of deportations has not risen proportionally. In mainland France, only 36% of individuals placed in detention centers were eventually expelled. The report also highlights concerns related to deportations to countries considered risky, such as Haiti. The High Commissioner for Refugees (HCR) had previously warned about the humanitarian and security crisis in Haiti, calling on states to suspend forced returns of Haitians. The report notes that despite this, a significant number of Haitian nationals were deported from French detention centers in 2023, with 47 individuals being expelled, mostly from Guadeloupe.
The associations criticize the “disregard for the risks faced” by individuals being deported, as well as the lack of respect for legal decisions. In a particular case, a Haitian individual was deported to Port-au-Prince on December 4, despite a ruling from the European Court of Human Rights instructing the French government not to proceed with the deportation. This expulsion occurred while the asylum request of the individual was still being processed, raising concerns about due process and human rights violations in the deportation process. These incidents highlight the challenges and shortcomings in the current immigration policies and practices in France.
The report underscores the ongoing tensions between immigration enforcement and human rights considerations. While the French authorities continue to detain and deport individuals deemed to be in violation of immigration laws, concerns persist about the treatment of migrants, particularly those from countries experiencing political instability or conflict. The discrepancies between the rising number of detentions and the relatively low rate of deportations raise questions about the effectiveness and fairness of the current immigration enforcement strategies.
The recommendations put forth by the associations highlight the need for a more humane and rights-based approach to immigration enforcement in France. The organizations call for greater transparency and accountability in detention and deportation processes, as well as increased efforts to ensure that individuals are not sent back to countries where they may face persecution or harm. As the debate around immigration policies and practices continues, it is essential to consider the impact on individual rights and the broader implications for social cohesion and international obligations. The report serves as a reminder of the complex and multifaceted nature of immigration challenges and the importance of addressing them in a holistic and rights-respecting manner.
