France has taken a decisive – and highly controversial – step in tightening its immigration enforcement regime. Late on 23 July the Constitutional Council gave its blessing to the so-called “Philippine” law, clearing the way for prefects to hold irregular migrants who have been convicted of serious crimes or terrorism offences for up to 210 days while authorities prepare their expulsion. The Council had struck down an almost identical bill last summer, but said the redrafted text now contains sufficient legal safeguards, including periodic judicial review and the right to legal counsel. The measure was championed by centrist MP Charles Rodwell after the 2024 murder of student Philippine Le Noir de Carlan, allegedly committed by a repeat-offender Moroccan whose earlier detention had expired. Under existing rules, the maximum time in a detention centre (CRA) is 135 days, a limit that consular delays and appeals often exceed, leading to releases. By extending the ceiling to seven months for people judged a “serious, current and particularly grave threat”, the government hopes to plug what Interior Minister Laurent Nuñez calls a “security black hole”. Business groups that routinely move staff across borders are watching closely. Longer detention increases the compliance risk for employers of foreign nationals who overstay or violate visa conditions, and may harden prefectures’ stance on work-permit renewals for anyone with an administrative infraction. Human-rights NGOs, however, warn that France already operates the EU’s longest detention periods and that the change will strain the CRA network, which exceeded 95 % capacity during the May tourist peak. For mobility managers the immediate takeaway is procedural: once the law is promulgated (expected before the August recess) any foreign employee issued an Obligation de Quitter le Territoire Français (OQTF) and classed as a public-order threat could face far longer confinement. Legal teams should therefore accelerate appeals and liaise quickly with consulates to secure laissez-passer documents. Companies are also advised to update crisis-management protocols for high-risk assignees, as the new rules could trigger sudden workplace arrests. In the longer term, the decision signals that security considerations are eclipsing France’s traditional emphasis on due-process rights in immigration matters. Multinationals may find that political appetite for future talent-friendly reforms, such as expanding the “Passeport Talent”, diminishes as enforcement hardens.
Source: LCP – Assemblée nationale
