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What leeway for these mayors who want to welcome Afghan migrants?

As soon as the Taliban returned to power in Afghanistan, several French mayors spoke out in favor of future refugees. The city councilors of Lyon, Strasbourg, Grenoble, Clermont-Ferrand or even Besançon offered this Tuesday, August 17 their help to welcome Afghan migrants fleeing the country.

These elected officials also opposed Emmanuel Macron’s speech on Monday, August 16, where the president affirms that ” we must anticipate and protect ourselves against significant irregular migratory flows “. In a video in response, the mayor of Grenoble Éric Piolle (EELV) judges that the sentence pronounced by the head of state is a ” shame for France “And calls on the government to” be up to ».

Coming back to the controversy caused by the words of Emmanuel Macron, spokesman Gabriel Attal reaffirmed that France will welcome, ” like every year, several thousand Afghans “. But he will not have to count on the help of all the mayors. Example: Christian Estrosi (LR) who opposed on RTL to the reception of Afghan migrants in Nice. ” I don’t want to receive refugees with us, that’s clear. Our city has been a victim in recent years of terrorism in a considerable way, let’s put in place a migration policy with quotas. »

The decision whether or not to welcome migrants on its soil does not, however, initially rest with the town hall.

State competence

When the mayor of Strasbourg Jeanne Barseghian (EELV) offers to welcome migrants, she does not impose this measure but offers her services: ” Strasbourg is ready to welcome the Afghans who seek refuge in France and will arrive on our soil. Emmanuel Macron, we have the capacity to welcome with dignity. »She assures on Twitter. This nuance is important because the choice of whether or not to welcome migrants is indeed a state competence.

« The powers of the town hall focus on access to law, such as social assistance, education, or access to municipal buildings », Supports Claudia Charles, permanent lawyer at the Group of information and support for immigrants (Gisti). According to the expert, the state’s mission is to distribute migrants to different reception centers in several cities to avoid concentrating all asylum seekers in the same region.

Can we refuse?

If the choice of reception is not up to the town hall, nothing however obliges to welcome asylum seekers, according to the Code of the entry and stay of foreigners and the right of asylum (Ceseda) . ” Municipalities could refuse to host a reception center for financial or town planning reasons », Explains Claudia Charles.

None of these reasons was cited by Christian Estrosi, especially highlighting the security risks. ” This is not a legal argument she disputes. The mayor makes an amalgamation between Afghan migrants and terrorists, which is discriminatory. »

He is not the first to decide on such measures. In November 2015, the mayor of Calais Natacha Bouchart (LR) had made access to the swimming pool subject to the presentation of proof of address and an identity card, for ” security measures », Excluding de facto asylum seekers. The referrals to the prosecutor and the defender of rights, brought by several associations for the defense of migrants including Gisti, have not been followed up.

READ ALSO: Merkel cautious about the reception of Afghans: “The CDU does not want to pay the broken pots”

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