Sans Papiers: Get organized against deportation
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WHAT TO DO IN CASE OF ARREST?
In the past ten years, arrests and deportation procedures have multiplied.
Beyond arrests of undocumented people during routine police controls, most are being controlled and arrested during raids (facial identity controls with big police deployment). And further more people are arrested at home. Figures grow up; and today, it’s a willpower that the powers that be take complete responsibility for.
Theoretically, so as to deport, the State needs:
- the cops and the prefecture to respect several rules of procedures concerning the arrest and the conditions of imprisonment in the CRA(centre of administrative detention),
- a state to accept to receive the deported person.
Knowing the limits of legality is a way for each to prevent a deportation. If we can prove in court that the procedure hadn’t been respected, and if the judge accepts it, then the person is released; in the same way, if at the end of the legal time of detention (32 days), cops have neither passport nor a consular laissez-passer, the
undocumented person is released.
In that purpose, this brochure explains how the established powers deport undocumented people. It can help all undocumented immigrants as well as their circle of family and friends to get familiarized with juridical vocabulary and to know a better defendant procedure. It helps to think, in relation to one’s own situation, the most appropriate defence after the arrest. It’s really important not to remain a witness faced with the deportation machine, and entirely dependent on your lawyer without understanding a single choice he makes.
The defence isn’t to play only on the judicial level. In order to face the State, we think the best is to be part of a group of undocumented people or at least to get organized with the circle so to be ready for immediate reaction after an arrest (find a lawyer specialized in the rights of foreigners, hide the passport, gather the documents, put the pressure on, etc...).
To send back someone to a foreign country, the French State needs either his passport in current validity or a laissez-passer delivered by the consulate of the suspect’s country of origin.
If the passport is not valid, the cops have to have the real identity and have to bring the person to the consulate of the country from where he’s from.
If the authorities have no idea which country the immigrant is from, cops will have to bring the person to several consulates that may acknowledge him.
We know two main types of defence:
- if you want to give your real identity: the defence strategy will revolve around your arrest and your close watch circumstances (procedure flaws) as well as around your administrative situation. In this case, you better have prepared a reliable file, whether it has already been laid at the prefecture or not.
- if you prefer to give a fake identity (name and/or nationality), for example because you think having no chance of being recocknized. In this case, you have to give the same fake name, each time, to avoid the discovery of other names with your prints. Your family and friends or your group need to know this fake name identity, you could be prosecuted, but it’s not systematic. Then you could get up to 3 years of prison, but most of the time 3 to 6 months.
In all cases, it’s safer not to have the passport with you, even expired, as well as any document testifying of your real identity, so to have the time to organize against the deportation.
Indeed, the State tries to arrest the undocumented with their passport. For example, the cops stay close to the bank of Mali to catch people who need their passport to take out their money.
It’s also safer to hide the passport at some friends’ home, because the cops can go to take the passport directly from the undocumented person’s place of residence.