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Return Migration: Policies and Practices
Five-year ban or more on professional or social activities which have led to the infringement
of the law. Any violation of these sanctions will be punished with imprisonment of two years
and a fine of EUR 30,000;
ITF ban of ten or more years according to Articles 131-30 to 131-30-2 of the Penal Code.
Close family members and ascendants or descendents of illegally entered or unlawfully resident
foreigners are exempted from these sanctions, except for spouses of the offenders, as well as all
persons who act under physical or moral threat.
Under Article 29 of Law No. 2003-1119, infractions are punished with ten years of imprisonment
and EUR 750,000 of fine if the offence:
Is committed by members of organized groups;
Is committed in circumstances that lead to death or harming of the foreigner;
Exposes a foreigner to transport, working, lodging conditions that are incompatible with
human dignity;
Is committed by a means of transport that is reserved to airport or harbour zones;
The sanction separates non-national minors from their family or removes them from their
habitual surroundings.
Foreigners convicted under one of the sections mentioned may be sanctioned with ITF for life.
Carrier Liability
Following a decision at the European level, France has been sanctioning carrier companies, that
transport illegal migrants since 1990. There have also been cases of boats run aground before
arriving at the destination in order to avoid payment of a fine.
The new Law No. 2003-1119 amends the 2 November 1945 Ordinance provisions in regard to
carrier liability.
Article 27 of Law No. 2003-1119, stipulates that carriers may be charged with a maximum fine
of EUR 5,000 per illegally entering passenger. Carriers may also be fined for carrying illegally
transiting passengers. Prior to the amendments, legislation stipulated that carriers may be sanctioned
with a fine of EUR 1,500 per passenger (Article 20 bis of the Ordinance of 1945). The
fine is reduced to EUR 3,000 if the carrier establishes and applies a data system, which can
transmit relevant data to the French border authorities.
In the case of unaccompanied minors, the fine has to be paid immediately. The Minister of
Interior may decide to reimburse part of or the entire sum.
If the carrier fails to pay the fine, this will be increased to EUR 6,000 or EUR 10,000 per passenger.
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