While migrants sleep on the streets or in precarious camps in Paris, Calais or Ventimiglia on the French-Italian border and many reception centers are overwhelmed, several initiatives offer French citizens the opportunity to welcome refugees in their homes or in uninhabited homes. The penal code is clear, with regard to reception, including irregular migrants, a landlord or tenant cannot be convicted if this reception is on a “humanitarian” basis and in an “altruistic” manner. However, these exceptions were only included in the CESEDA (Code of Entry and Residence of Foreigners and Right of Asylum) in January 2013 at the suggestion of Manuel Valls. Contrary to appearances and despite the user-friendliness of this site, the law has not always been permissive as to the possibility of welcoming a migrant into his home. In fact, it was only relaxed in January 2013. The reception of migrants is a gesture of generosity prepared and controlled. Before the law was amended in 2013, the texts were much stricter. Previously, it was possible to help migrants cope with a current or imminent danger that is necessary “for the protection of the person” being helped. The expression “breach of solidarity” derives from this provision. Since May, some 6,000 migrants have sought refuge in the city, many from Texas on the orders of Lone Star State Governor Greg Abbott. Reception of migrants: The elected representatives of Yvelines oppose the seizure of an Ostgymnasium in an irregular situation, on the other hand, anyone who has not gone to the prefecture to apply for asylum. And who is therefore not in possession of the famous receipt. The name also refers to “Dublins”, migrants whose fingerprints have been registered in another Schengen country and who are not entitled to asylum in France under the Dublin agreements.
They shall remain illegally on the territory until they are transferred to the Member State responsible for examining their application. Finally, the mention concerns any person who has been expelled from French territory (OQTF) and whose asylum application has been rejected. The case of Cédric Herrou, a farmer from southern France, was widely known. In 2016, he was accused of facilitating the transit of migrants between France and Italy. The Constitutional Council, seized by his lawyer, affirmed in its decision of July 6, 2018 that the constitutional principle of fraternity prevails, thus censuring the “crime of solidarity”. The Constitutional Council thus strengthens the protection of assistance to illegal residence and recalls that if this aid is provided for a “humanitarian and altruistic purpose”, it cannot give rise to sanctions. However, the facilitation of irregular entry remains reprehensible. The Constitutional Council`s decision will enter into force in December 2018. It is time for the legislator to amend the law and possibly rewrite Article L622-1. Offering a room to a migrant is therefore not illegal. Migrants sit on mattresses at Place de la Chapelle in Paris, June 8, 2015. On Friday, August 17, 2018, we talked about the appeal of the Collectif saint-lois d`aide aux migrants, which is looking for foster families for migrant minors.
Some may be ready to embark on the adventure of welcoming a migrant into their home, but not without hesitation. From a legal point of view, what are the risks for hosts? “Not much,” replies Maître Gorand, President of the Coutances – Avranches Bar Association, lawyer and specialist in public law. However, exceptions are provided for in Article L622-4. Assistance can therefore be provided without risk of prosecution if it is provided without direct or indirect consideration and if such assistance is “necessary for the protection of the life or physical integrity of the alien”. It is clear that “housing assistance for a migrant cannot be grounds for criminal punishment,” Gorand concludes. “We were already facing a homelessness crisis in New York City when the flow of these migrant families began in earnest,” said Josh Goldfein, an attorney with Legal Aid`s Department of Homeless Rights. Instead, authorities continue to mix migrants with New Yorkers in the city`s existing housing system — which now includes 15 “emergency” hotel facilities to cope with a surge in summer population, the DSS said Friday. In other words, “if we can prove that there was no financial transaction or that the host did not take advantage of the person hosted, for example by forcing him to clean, there is no crime,” says Saligari. “The same goes for the humanitarian aspect of the law.
If it is proven that the host has welcomed a migrant into his home to “preserve his dignity or physical integrity” for a voluntary and altruistic purpose, he will not worry. DHS also admitted that it had not yet selected and rented one of the 5,000 hotel rooms the agency planned to house migrants across the city. In other words, it is absolutely forbidden to demand “direct or indirect” compensation from a migrant who is hosted in his home. The law lists the assistance that can be provided: legal advice, provision of food, provision of medical care. Not to mention the accommodation. Some are already calling it “the Airbnb of migrants”. A website called “CALM” for “Like at Home” was recently launched to help migrants. The principle? Allow individuals to easily accept migrants for a month, quarter or year. According to 20 minutes, 200 people have already volunteered to help migrants in their own way. City Hall declined to say how much the city spends on housing migrants in homeless hotels, but an analysis found the cost could exceed $300 million. From a legal point of view, there is nothing to prevent a migrant from being accommodated in his country without formality, even if he is in an irregular situation, unless an expulsion procedure is under way against him.
Best of all, the person has already applied for asylum – and therefore receives a daily allowance of around 11 euros. Housing must “ensure dignified and dignified living conditions” and there is no question of charging a financial contribution or services to the person admitted. What does the law say about housing migrant children in their own homes? © ARCHIVE>> Continue reading France 24: The second exodus, the France divided on the reception of migrants “If [Adams] can`t find a place for [migrants], it seems he can`t. Throw him on the pile of crime, and it looks like he can`t control the city,” longtime political adviser Hank Sheinkopf told the Post on Sunday. The Pope calls all the parishes of Europe, a family of. On the other hand, the situation is complicated if the person accommodated does not have papers. In France, Law L622-1, in force since 1945, recalls that “any person who, by direct or indirect assistance, […] The illegal entry, movement or stay of an alien in France is punishable by five years` imprisonment and a fine of 30,000 euros. It is clear that it is punishable by jail time to host an illegal person in your home, let them sleep on their couch or take them to their car to help them on their journey.