Paris (EDN) – In a move that has sparked intense debate, France’s Senate has approved a bill that seeks to prohibit undocumented migrants from marrying in the country. The legislation, backed by Interior Minister Bruno Retailleau and Justice Minister Gérald Darmanin, passed its first reading with 227 votes in favor and 110 against. It now advances to the National Assembly for further deliberation.
The proposed law aims to curb sham marriages that allegedly allow undocumented migrants to obtain residency or French nationality. Proponents argue that tightening the law will strengthen immigration control and prevent misuse of the legal system. However, critics contend that the bill violates fundamental human rights and contradicts a 2003 ruling by the French Constitutional Council, which affirmed that a foreigner’s irregular status “cannot in itself be an obstacle to the marriage of the person concerned.”
A Shift in France’s Immigration Policies
This legislative move reflects a broader rightward shift in French politics, particularly following the 2024 legislative elections that resulted in a politically divided parliament. The government, facing increasing pressure from hardline immigration advocates, has prioritized restrictive measures on migration and border control.
The bill also follows recent legal disputes surrounding mayors who refused to officiate weddings involving undocumented migrants. One notable case involved the mayor of Béziers, Robert Ménard, who was summoned by prosecutors after declining to perform a marriage between a French citizen and an undocumented Algerian man in 2023. Similarly, in northern France, a mayor faced legal action after refusing to officiate the wedding of a former mosque leader, who was later deported.
Legal and Human Rights Concerns
The legislation has drawn sharp criticism from left-wing politicians and human rights activists. Greens senator Mélanie Vogel called the bill “a full-scale attack on the Constitution,” while Socialist representative Corinne Narassiguin accused the government of promoting xenophobia and racism.
Human rights groups argue that marriage is a fundamental right under international human rights law and that restricting it based on migration status sets a dangerous precedent. The European Court of Human Rights (ECHR) has previously ruled against similar measures in other European countries, emphasizing that marriage should not be contingent upon residency status.
What’s Next?
The bill will now move to the National Assembly, where it may face significant opposition from left-wing and centrist lawmakers. If passed, it is likely to be challenged in court, given its potential conflict with existing constitutional protections.
For many undocumented migrants in France, this bill represents yet another hurdle in an already precarious situation. As the debate continues, the outcome could have far-reaching implications for the rights of migrants and the future of immigration policy in France.
