Being placed in an administrative detention center is a difficult situation that raises many questions. When a person is required to leave French territory obligation to leave French territory (OQTF)they may be held in an administrative detention center pending deportation. However, the persons concerned have recourse to challenge their detention and defend their rights. Understanding the procedures and legal means at your disposal will enable you to act quickly and effectively. This article explains how to challenge administrative detention and deportation.
Administrative detention: understanding the legal framework
What is an administrative detention center?
An administrative detention center (CRA) is a facility where illegal immigrants are held pending deportation. There are 25 in France. Detainees have certain rights, including access to a lawyer and medical care. However, they cannot leave the center on their own initiative.
In France, the maximum duration of administrative detention is 90 days.
Since 2017, the number of places available in the CRAs has risen considerably, from 1,400 to 1,869. In accordance with the French Ministry of the Interior’s Orientation and Programming Act (LOPMI), the goal is to reach 3,000 places by 2027.
What’s the difference between administrative retention and detention?
- Administrative detention is a measure involving deprivation of liberty taken by the authorities to organize the expulsion of a foreigner in an irregular situation.
- Detention is a sentence imposed by a court following a criminal conviction.
A detainee in a CRA is not a prisoner: he or she has not committed a criminal offence, but is in an irregular situation. The conditions of detention are more flexible than those of imprisonment.
Who can be held in administrative detention?
Persons placed in administrative detention are subject to a removal order, in particular for :
- Eviction order issued by the prefecture
- No valid residence permit.
- Illegal entry into France.
- Refusal to enforce an OQTF.
Placements often occur after release from prison (23.54%), a police check (22.47%) or an arrest at the prefecture (13.64%). They may also result from an arrest at the border (7.55%), a roadside check (6.96%) or at a railway station (6.11%). Other cases include arrest at home, after clocking in at a police station, or surrender by a member state.(sources ASSFAM)
Foreigners in administrative detention, what are your rights?
- Right to information: On arrival at the CRA, foreign nationals receive a document explaining their rights and possible remedies.
- Right to communication: authorization to communicate with relatives and consulate. Visits are possible according to CRA opening hours.
- Right to medical consultation: They can request a medical examination and benefit from medical care during their detention.
- The right to administrative assistance: OFII(Office français de l’immigration et de l’intégration) staff will help you organize your return and inform you of your options.
- Right to legal aid: You can apply to have your legal fees paid by a lawyer to defend your rights (depending on your income and assets).
Retention period: 4 possible extensions
To better understand the length of administrative detention Download here the PDF infographic
When an illegal immigrant is apprehended, the competent administrative authority – usually the prefect of the département or, in Paris, the prefect of the police department – can decide to place him or her in administrative detention for an initial period of 4 days.
The purpose of this placement is to ensure that the removal order is carried out, particularly when the foreign national cannot leave French territory immediately or is at risk of absconding.
First extension (26 days)
If, after the first four days, the detainee has not been removed, the prefect may refer the matter to the JLD (juge des libertés et de la détention), requesting that the detention be extended for a further 26 days. The JLD has 48 hours to rule on this request. If the request is refused, the foreign national may be placed under house arrest.
Second extension (30 days)
If the foreign national has still not been removed after this period and special circumstances justify it, such as a risk of absconding, a threat to public order, or obstacles to carrying out the removal (e.g. deliberate destruction of identity documents or lack of available transport), the Prefect may request a further 30-day extension from the JLD.
Additional extensions (15 days each)
In exceptional situations, notably if the foreign national obstructs the enforcement of the Obligation de Quitter le Territoire Français (OQTF), applies for protection on health grounds, waits for consular documents to be issued, or applies for asylum while in detention, the Prefect may request further extensions of fifteen days each. However, the total duration of detention may not exceed ninety days.
Discussions are underway to extend the maximum detention period to 210 days, in order to facilitate the enforcement of deportation orders(source: Le Monde).
How can I challenge administrative detention?
Referral to the liberty and custody judge (JLD)
The liberty and custody judge examines the legality of the detention.
- It is issued within 48 hours of the detention.
- He may decide to release the employee on grounds of procedural irregularities.
- It checks that the conditions of detention are regular.
Call in a specialist lawyer
An immigration lawyer is essential to prepare the defense.
- He can challenge the legality of the detention.
- It assists with the appeal procedure.
- Legal aid may be applied for to finance the fees.
For example, some people detained in the CRA were able to obtain the cancellation of the detention decision and their release by challenging, through their lawyers, the absence of a telephone booth, which constituted an infringement of their rights of defence.
Is it possible to apply for release on medical or family grounds?
In certain cases, a detainee may apply for release on humanitarian grounds.
- The state of health must make retention incompatible.
- Exceptional family circumstances may be taken into account.
- A medical certificate or supporting evidence is required.
What are the consequences of release or expulsion?
What can I do after being released from the detention center?
Once released, it is possible toapply for a residence permit.
- Submit a regularization request.
- Go to the prefecture with supporting documents.
- Comply with post-release administrative obligations.
Expulsion from the country: what restrictions apply?
When a person is expelled from France, the authorities generally impose a 1- to 5-year ban on re-entry, depending on the seriousness of the situation. During this period, they cannot legally re-enter the country.
However, she may ask for the ban to be lifted, provided she submits new information. A change in personal circumstances, proof of integration in the host country, or humanitarian grounds may support the request. The French authorities examine such requests on a case-by-case basis. Legal assistance can increase the chances of obtaining a favorable decision.
Conclusion
When a person is placed in an administrative detention center, he or she is deprived of liberty pending deportation. However, there are ways of challenging this measure. You can go before a judge to verify the legality of the detention, request release on medical or humanitarian grounds, or call on the services of a specialist lawyer to defend your rights. The period of detention can be extended, but may not exceed 90 days, except in the event of legislative reform. After release, it is sometimes possible to regularize one’s situation, whereas expulsion generally entails a ban on re-entry.
Being detained doesn’t mean there’s no way out. How do you get out of an administrative detention center? The answer depends on how quickly you take action. The sooner you act, the better your chances of avoiding deportation. Goldwin Partners, experts in immigration law, can help you defend your rights and obtain your release. Contact us now for immediate legal assistance.
Frequently asked questions about administrative detention
What rights do people in administrative detention have?
Detainees have the right to be assisted by a lawyer, to receive medical care and to challenge their detention before the “juge des libertés et de la détention” or the administrative court, which may lead to their release under certain conditions.
How long can administrative detention last?
Administrative detention initially lasts 48 hours, but can be extended by court order for up to 90 days (120 days if the individual has been convicted or deported for acts that would constitute terrorist activities). However, the “juge des libertés et de la détention” can order early release if irregularities are found.
Can I be deported immediately after a detention order?
Yes, expulsion can be carried out quickly after detention. However, if an appeal is lodged with the administrative court or a request for suspension is made, the expulsion is temporarily suspended until the judge’s decision.
How can I challenge a decision to place me in a holding center?
A detainee can also challenge the removal decision by lodging an appeal with the administrative judge. If the removal decision is overturned, the foreign national’s placement in the CRA comes to an end.
How can I get a lawyer to challenge an administrative detention?
A detainee may request the assistance of a lawyer to defend him or herself. In addition, they can apply for legal aid to cover the lawyer’s fees, provided they meet the means test required by the administration.
Cabinet Goldwin, which has expertise in foreigners’ law, has already assisted many foreigners subject to an OQTF or administrative detention.
