The association of active solidarity with oppressed people, refugees and migrants (La Cimade), published on April 26 its 13rd annual report on the administrative detention of people in an irregular situation on French territory. In 2022, 43.000 people were locked up in an Administrative Retention Center (CRA): nearly 15.922 in France and 27.643 in Overseas, including 26.020 in Mayotte.
In 2022, 412 people were detained in the Guadeloupe Administrative Retention Center where the deportation rate is one of the highest in France: 59,3% of those placed were deported, compared to a French average of 37%. Only 21% of people were released by a court. These figures reveal the effects of the derogatory regime still in force in certain overseas territories and which allows rapid expulsions before any appearance before a judge. In its report, La Cimade denounces this regime which prevails in Overseas France and deprives foreigners of effective access to justice. For the association, it is urgent that a remedy suspending deportation gives foreigners in the Overseas Territories the opportunity to benefit from this access: "the fundamental right of asylum has been violated on several occasions by the prefectures of Saint-Martin and Martinique this year". The law leaves room for people who have left their country because of fear or persecution to file an asylum application which will be studied by the French Office for the Protection of Refugees and Stateless Persons (OFPRA), authorizing them to remain in the territory time of the examination of this request. However, the prefecture of Saint-Martin locked up at least 17 people in the Local Administrative Retention (LRA) in 2022 before transferring them to the Guadeloupe CRA, all arrested at sea or newcomers indicating during their hearing their desire to request asylum.
The service concerned unfortunately did not accept this filing of the request, whereas the law requires it, thereby depriving these people of their right. In the West Indies, still according to the Cimade report, people locked up in the CRA of Guadeloupe transferred from the LRA of Martinique and especially that of Saint-Martin represented 26% of the total placements. _VX
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