Réforme du droit du sol sur le 101ème département français

Par le 19 juillet 2018

En avril dernier, la loi asile et immigration était validée par l’Assemblée Nationale. Le 26 juin, le Sénat a, quant à lui, adopté en première lecture deux amendements de cette loi. Ces derniers concernent la limitation du droit du sol à Mayotte. Ce 11 juillet, les députés les ont alors approuvés en retour.

Le droit du sol, c’est quoi ?

Ce droit, provenant du Code civil, existe depuis 1889. Il donne la nationalité française à un enfant né en France de parents étrangers lorsqu’il atteint sa majorité. Cependant, afin d’obtenir la nationalité, l’enfant doit avoir résidé habituellement en France pendant au moins 5 ans depuis l’âge de 11 ans.

Mais pourquoi une telle réforme ? 

Cette réforme, à l’initiative du sénateur Thani Mohamed Soilihi (LREM), a été proposé face à une importante immigration clandestine en provenance des Comores. En effet, 74 % des enfants naissent de parents étrangers sur le 101ème département français. De plus, la maternité de Mayotte a le plus fort taux de naissances par an en France avec environ 10 000 naissances par an. Une situation problématique puisque cela pose, en autres, des questions sur la scolarité de ces enfants. Ce que la député Ramlati Ali (LREM) a d’ailleurs souligné « A ce rythme il faudrait construire une classe par jour alors que déjà les élèves ne peuvent aller à l’école qu’en rotation le matin ou l’après-midi. », en ajoutant la présence d’environ « 3 000 mineurs isolés ».

Nombre de naissances à Mayotte par an

Les députés ont ainsi adopté l’amendement exigeant que l’un des parents ait été présent de manière régulière sur le territoire national depuis plus de 3 mois au jour de la naissance pour accorder la nationalité française à l’enfant. Cette mesure, soutenue par le Président français, lui semble « adaptée et équilibrée ». Pourtant Thani Mohamed Soilihi  a annoncé qu’il s’agissait d’une modification « à portée limitée ». Par ailleurs plusieurs personnalités politiques, telle que le député Stéphane Peu (PCF), ont dénoncé une mesure contraire au principe constitutionnel puisqu’elle serait opposée au principe d’indivisibilité de la loi française.

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