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Wednesday, Apr 30, 2025

French Parliament Set to Finalize Restrictions on Birthright Citizenship in Mayotte

The Assembly is expected to vote on new legislation tightening birthright citizenship laws amid rising migration pressures in the cyclone-hit region.
The French Parliament is poised to enact a significant change to birthright citizenship laws in Mayotte, an island territory facing acute migration challenges and recovery efforts from Cyclone Chido, which struck in December 2024. A final vote in the Assembly is scheduled to take place following the Senate's approval of the legislation last week.

The proposed legislation, backed by the center-right party Les Républicains and the government, is anticipated to pass through the lower house without complications, despite spirited opposition from leftist groups who argue that it will not address the underlying issues of overpopulation linked to immigration from the nearby Comoros archipelago.

Critics assert that the proposed changes undermine the principle of equality under the law.

The new law amends existing provisions regarding birthright citizenship that have been in effect since 2018. Under the current rules, children born in Mayotte are eligible for French nationality if at least one parent has been a regular resident of France for at least three months at the time of the child's birth.

The new requirement stipulates that both parents must have resided legally in France for a minimum of one year, although a special exception will be made for single-parent families.

This legislative proposal was drafted prior to the devastating impact of Cyclone Chido, which resulted in over 40 fatalities and extensive damage in one of France's poorest departments, further complicating the socioeconomic landscape characterized by poverty, inadequate housing, and a shortage of essential services such as schools and hospitals.

The French Parliament previously approved an emergency reconstruction plan, estimating the cost of damages at approximately 3.5 billion euros.

A more comprehensive bill aimed at addressing the long-term needs of Mayotte is expected to arrive in the Senate in mid-May.

In response to the cyclone, local officials have amplified calls for more robust measures concerning migration.

Mayotte, situated on a landmass of just over 300 square kilometers, accommodates approximately 320,000 inhabitants, nearly half of whom are reportedly foreigners.

According to a 2016 study, it was estimated that around 50% of foreign residents were living in an irregular situation.

The Républicains party has taken advantage of their parliamentary initiative day to advance this bill, which aims to curb what they describe as an 'attraction' for irregular migrant populations.

The bill's rapporteur, Philippe Gosselin, remarked that current birthright citizenship provisions have been serving as a draw for those without legal status seeking entry to France.

Opponents of the bill, particularly from the left, have accused the ruling coalition of catering to far-right perspectives, labeling it a fundamental attack on the French identity.

Aurélien Taché, an opposition member, has emphasized that the legislation will not solve the island’s overpopulation issues.

He argues that many migrants, especially women in precarious situations seeking access to healthcare services, are primarily driven by survival rather than aspirations for nationality.

Should the law be enacted, certain leftist officials have signaled intentions to bring the matter before the Constitutional Council, citing concerns over disproportionate impacts on equality rights.

Furthermore, discussions surrounding broader questions of national identity and citizenship have resurfaced, with some government officials calling for a more extensive national debate on the topic.

The French Minister of Justice has expressed support for such discussions, which include defining what it means to be French in the modern context.
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