Part II: History of French immigration policy

The elections in 2002 were remarkable for a number of reasons: first, immigration became a major issue of contention after it had been largely ignored for years, and second, the right-wing Front National was able to use it successfully to its advantage. In a vote that shocked the nation, former Prime Minister, Lionel Jospin was shut out of the second round of voting, when Jean-Marie Le Pen garnered 16.86% of the vote.

Following an outcry by civil society, particularly migrant NGOs and shocked international reactions, the only ‘moral’ decision for the electorate was to deal Le Pen a fatalistic blow at the ballot box during the second round. Unsurprisingly, despite his overall dwindling popularity, Jacques Chirac one this second round by a landslide, with 82%.

Naturally, the fact that Le Pen had won so much ground meant something: it meant that many in France were confused by the government's policies. It also meant that many believed in the Le Pen-ian rhetoric, according to which immigrants were to blame for the slow growth of the economy. Alas, the government, now under Prime Minister Jean-Pierre Raffarin had little choice but to tighten existing immigration legislation. Asylum law was tightened, entry and residence curtailed and measures to combat illegal immigration were stepped up.

A first, yet feeble, attempt was made to work toward the better integration of migrants, by introducing so-called “integration contracts.” These ‘contracts’ forced migrants to attend language courses, alongside seminars on French society and values. In addition, these integration measures were supposed to offer more intensive individual support for adolescents from difficult backgrounds. These insufficiency of these measures were made painfully clear during the 2005 banlieu riots, however.

Addressing Islam

Since 9/11, France , as many other countries , has put a premium on constructively addressing the role of Islam in French society. The objective here has been to strengthen moderate Islamic forces that recognize the French Constitution as a primary guidance. With around 5 million Muslims, the country boasts the largest Islamic community in Europe. In 2003, the first French Islamic Council (CFCM) was elected. Its role was to represent all Muslims living in France vis-à-vis the government. It had additional responsibilities regarding the education of the country's imams.

While addressing the needs of the large Islamic population in France, the government launched a near simultaneous reexamination of the secular values of the Republic. The headscarf affair, discussed in our earlier posting on migration issues in France, tapped a new discussion on religious symbols in schools. A lengthy discussion on "laïcité" , the separation of church and state ensued, which resulted in a new law to prohibit all religious signifiers in schools. This naturally included the removal of Christian crosses and the wearing of the Muslim headscarf and other symbolic relics.

Although analysts had predicted the contrary, the law was met with relatively little opposition. This is in part linked to the fact that the country's Muslim organization, which had long opposed the law and encouraged protest, abandoned its criticism following the abduction of two French journalists in Iraq. The kidnappers had demanded the government drop the controversial law in the ransom notes communicated to Paris, threatening to kill the correspondents, should the government not comply with their demands.

In solidarity with the kidnapped journalists, who were freed in December 2004, the imams of all the leading mosques in France called upon girls to take off their headscarves before they entered school.

New faces – same policies

The government of Prime Minister Dominique de Villepin, which featured Sarkozy as the interior minister, focused on curtailing illegal immigration – particularly following the 2005 riots. Upon taking office, de Villepin had announced that he “believed in a generous and determined France. A France where there is a place for everyone according to their merits. A France of opportunities.” This policy sat well with the measures introduced toward attracting the best foreign students to France and facilitating their remainder in the country upon graduation.

In an interview with CNN's Christiane Amanpour, he promised to counteract the alienation of migrant youths by encouraging or even forcing companies to switch to a ‘blind’ recruitment process, whereby names of applicants and their racial or ethnic background would be obscured.  He also promised to increase the number of scholarships kids from ethnic and difficult socio-economic backgrounds received for elite preperatory schools. Individualized career counseling for France's alienated suburban youth was also intended to help diffuse the situation.  In addition, his government was going to invest EUR 30 billion, “in order to renovate the whole urbanism.” Unfortunately, beyond these announcements, the Prime Minister's website features no reference to the implementation of these measures.

Nevertheless, the period between 2002 and today was a busy one for France's immigration policy, as outlined above. One of Sarkozy's first key decisions was to close down the Sangatte refugee camp, which had become untenable by humanitarian standards. By 2005, the impact of the ‘reforms’ introduced by the earlier Raffarin government were beginning to make inroads. In the first months of 2006, 33,000 illegal migrants had been sent back, while the figure of those in detention centers more than doubled. Voluntary return payments, system which has resurfaced time and time again as a policy, was revamped, offering migrants willing to leave more money.

Rules for residency permits were also tightened during that time, diminishing the number of ‘cartes de sejour’ attributed. This, Sarkozy felt, was all linked to his policy of ‘resoluteness and severity.’ The continuation of this line, should he become Prime Minister, include the creation of a separate ministry for immigration and national identity and a further overhaul of the existing system.  Nevertheless, the regularisation of migrants continued under Sarkozy, despite official rhetoric to the contrary.

If we do see a 'sarko’ vs. 'sego’ run-off, as analysts are now predicting – in keeping with the flip-flop tradition of French polices – migrants’ status could change relative quickly depending on their individual situation. It will thus be interesting to closely follow the debate between these two polar opposites as they approach the second round in early May. Should Le Pen make the race after all, Sarkozy will be forced to take another tack to make his point clear…this should be an interesting Sunday…