French MPs to discuss immigration law and DNA tests again today

PARIS — Some weeks ago, an amendment to an immigration bill proposed the use of genetic (DNA) testing to verify the bloodlines of would-be immigrants in the framework of « family regrouping » (immigrants joining their family members already living in France). This disposition triggered a vivid and national debate about the legitimacy and the meaning of such tests in the context of immigration policy. The government’s arguments are as followed :

• in order to control immigration flux, « family regrouping » should be better monitored ;
• the tests won’t be mandatory. It will be up to the immigrant seeking for members of his/her family to join to ask and pay for such a test. It would precisely help prove family linkages, which in some cases, is a problem and explain why some immigrants can not have their family joining :
• it would be only applied on a case-by-case basis ;
• this tests exist in many other European countries, so why not in France ?

Opponents coming from within the government itself, the parliamentary majority and civil society, argue :

• according to French laws and tradition, what matters is « jus soli » and not « jus sanguini». In other words, nor the definition of what a family is neither the way you can enter, live in France and eventually become a French citizen should be defined by blood but by customs, habits, embracement of French values ;
• the linkage between immigration policy and references to notions such a « the right of blood » is perverse and even « disgusting », according to the French Secretary of State for urban policies Fadela Amara, herself from an immigrant background. It does not help considering immigration as a chance and an opportunity for the country but on the contrary, reinforces the negative perception within public opinion about immigration and integration ;
• this disposition introduces an illegitimate discrimination between so-called « traditional French » families, and immigrants ones ;
• beyond these moral arguments, such tests are the wrong way to make sure integration works well. The criteria for « family regrouping » should be mainly about economic and social viability, i.e making sure the immigrant already living in France and seeking for members of his/her family to join is able to support them (meaning having a home and a job basically).

MPs should draft the definitive version of this amendement to the law today. The Consultative Council on Ethics, which is “only” an advisory committee composed of personnalities coming from civil society, already issued a warning that “the adoption in the immigration law of a biological procedure of identification for foreigners only” is contradictory to French law. “DNA tests could be used to harm individual liberties “. Once the definitive version of the law adopted, it will remain to be seen if the Supreme Court, which could very likely be seized by MPs opposed to the law, will give it its blessing or not and declare it in accordance with French Constitution.