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Constitutional Council Rejects 210-Day Detention Extension for Foreigners

Seeking a Conseil d’État review, Interior Minister Bruno Retailleau plans to reintroduce a revised detention extension measure.

Bruno Retailleau visite un poste de commandement de terrain à Saint-Laurent-de-la-Cabrerisse (Aude), le 6 août.
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Overview

  • France’s Constitutional Council struck down the provision extending administrative detention in CRA centers from 90 to 210 days for dangerous foreigners and preserved fingerprinting and photographing rules.
  • The court held that detention of such length without evidence of an ongoing threat violates individual liberty and exceeds the goal of combating irregular immigration.
  • The contested law, adopted on July 9, would have applied 210-day detention to serious offenders and high-recidivism cases beyond terrorism after a 2024 high-profile murder.
  • Bruno Retailleau announced he will request a Conseil d’État opinion and draft a new bill to extend detention within constitutional bounds.
  • The ruling highlights the Constitutional Council’s ongoing role in checking security-focused immigration laws and follows a similar censure of France’s 2024 immigration reforms.