May 30, 2023

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Deportation or fine: Carriers must “re-route” illegal immigrants

Deportation or fine: Transportation must “re-route” illegal immigrants

Tickets, but a “win”: airlines or shipping companies will continue to pay higher fines if they refuse to board a ship, considering deportation or illegal aliens

In this direction the Constitutional Council, which ruled on Friday, captured the Priority Question (QPC) of the Constitution introduced by Air France in the summer.

After being fined between ,000 15,000 and 20,000 20,000 in 2017, the French airline returned to justice to compete on the basis of two articles, Foreign Entry and Accommodation, for failing to oblige to divert “foreign citizens”. Right to Asylum (Ceseta).

The latter imposes a fine of up to 30,000 euros if this type of company refuses such eviction: under the terms of the law, at the request of the authorities, the foreigner is refused to stay “at the place where he began to use the means of transportation”.

For Air France, assuming that such an obligation forced private escort companies to ensure safety on board, the “sages” responded on Friday that the controversial rules were not intended to have any effect or effect on these companies. Will come ”.

“They did not lose the captain’s ability to kill someone who endangered the safety, hygiene, cleanliness or good order of the aircraft,” they said in a controversial statement “according to the constitution.”

– Less fines? –

This question of the use of power, rather than fines, is the basis of controversy.

In this regard, the Constitutional Council ruled in favor of Air France, noting that the law does not compel companies to take the place of law enforcement powers and guarantee the independence of the captain.

“This is a victory!” He replied to AFP Me Cédric Uzan-Sarano, who represented the French company in the case.

“Because of the structure set up by the Constitutional Council, once the captain decides that the conduct of an individual will not be allowed to keep him aboard, the ministry can no longer impose fines on companies. It does not mobilize a private escort” to evacuate “thousands” of people “without problem” He recalled that France had contributed.

“I am very pleased with this decision, which proves to be absolutely right for us,” said Ms Isabelle Sripi, who represented Anafe (National Association for Border Assistance to Foreigners) in particular in the practice.

He underscored that the Constitutional Council “clearly states that transport companies cannot force themselves or exercise surveillance over unauthorized people on French territory, so this decision gives important guarantees to unauthorized people.”

“This puts a stop to the privatization of migration policies and reduces the risk of violence by private individuals,” said Charlene Quartero, an official at Anafe.

By the end of 2019, the Constitutional Council had already announced compliance with another section of the CEC, which made it possible to impose fines on the same carriers, which would be bound to France if companies boarded the ship, without foreign travel documents. In good condition or fraudulently. In short, if the company does not properly verify these documents (for example a visa) at the airport of departure.

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