Revolt from left-wing departments: can the State force them to apply immigration law?

The revolt against the immigration law extended on Wednesday to the 32 departments led by the left, including Paris, which “will not apply” the tightening of the conditions for payment to foreigners of the personalized autonomy allowance (APA).

Following in the footsteps of Lot and Seine-Saint-Denis, the departments managed by left-wing executives (PS, PRG, EELV and DVG) reject the “national preference” provided, according to them, by the law adopted Tuesday in National Assembly with the votes of the National Rally. “We, presidents of left-wing departments, refuse the application of the section concerning the personalized autonomy allowance (APA) of this law inspired by the extreme right, carried by an executive which claimed to embody moderation and which does not “is now more than an illustration of compromise”, according to a joint press release.

A period of five years before being eligible for social benefits

The new law establishes in its article 19 a period of five years for non-European foreigners in a legal situation who do not work, and of thirty months for others, before being eligible for benefits such as family allowances or APA, paid to people aged 60 or over who are losing their independence.

Describing the text as a “serious attack on the fundamental rights of people of foreign nationality”, the departments say they want to “continue to fight against the principle of ‘national preference’ by defending social assistance which is and must remain universal”. Both city and department, Paris had announced shortly before its refusal to practice “national preference for (its) elders”, through its mayor Anne Hidalgo (PS).

6.38 billion euros in 2021

APA payments represented an amount of 6.38 billion euros in 2021, according to figures communicated to AFP by the Départements de France association. The president of the Gironde department Jean-Luc Gleyze (PS), also president of the left-wing group of departments, declared to AFP that “we are touching on a France which risks seeing the ideas of Vichy return, whitewashed. “.

But according to Michel Verpeaux, professor emeritus of public law at Panthéon-Sorbonne University, departments which circumvent the law “are exposed to annulments by the administrative courts which may be referred to the prefects if they do not respect the law”.

“They cry before they hurt”

“They cry before they hurt,” asserts an executive advisor. The government recalls that the immigration bill must still be validated by the Constitutional Council, which could challenge this restriction on allocations. Emmanuel Macron says he wants to rework this text with his Prime Minister, Élisabeth Borne, to remove certain disturbing measures. “Allocations could be part of it,” breathes a majority executive.

Otherwise, the departments will have the obligation to respect the law. “But to get around this measure, there are alternatives,” explains Stéphane Troussel, the socialist president of Seine-Saint-Denis. This could result in the creation of a new allocation fully funded by the department with their own budget, as the state will not cover these additional expenses.