Délit de Solidarité

“Offence of solidarity” – a term used to describe a French law that criminalizes those assisting illegal immigrants.

A recent movie by the French director Philippe Lioret has ignited further debate in France over what some call the délit de solidarité. “Welcome” tells the story of Bilal – a Kurdish refugee attempting to reach Britain by swimming the Channel, who is taught to swim by a Frenchman, named Simon. I.P.S. News reported:

The police raid Simon’s apartment, and he is charged under a French law that makes it a crime to assist undocumented migrants, even as Bilal embarks on his marathon swim in icy waters.

The film, which won a prize at the Berlin International Film Festival in February, has stirred discussion and soul-searching about the actual law and the plight of migrants [in France], as the government of President Nicolas Sarkozy continues with tough measures to reduce the number of undocumented migrants.

According to The Connexion, “anyone who, by direct or indirect help, facilitates or tries to facilitate the entry, the circulation or the unlawful residence of a foreigner in France” is liable to a five-year prison sentence or a $39,000 fine.

Critics argue that the law’s ambiguity leaves Good Samaritans vulnerable to prosecution. The French government insists that in practice the law is only enforced against those actively facilitating illegal immigration (usually for profit).

However, as France 24 noted, recent arrests of N.G.O. workers, and anger over government quotas for the arrest of people assisting illegal immigrants, prompted thousands to protest against the délit de solidarité across France on April 8.

In March, the A.P. reported that a 59-year-old volunteer had been arrested by French police and questioned for three hours after allowing illegal immigrants to recharge their cell phones in her home. Although the woman was not indicted, the A.P. said that the incident “exemplifies what humanitarian associations and others contend is a concerted effort to harass volunteers who provide a lifeline, or a simple kindness, to illegal aliens.”