With the arrest of imam Mahjoub Mahjoubi, placed in a detention center this Thursday, the Minister of the Interior is already sparing himself the inconvenience of seeing the person concerned try to flee.
The case of Imam Iquioussen, who took refuge in Belgium after his expulsion order was served in July 2022, is still on everyone's minds.
Naturally, the legality of the home visit to which Mahjoubi was subjected is contested.
But Beauvau persists and signs, citing article 75 of its new immigration law: “
Upon a reasoned request from the administrative authority, the judge of freedoms and detention may also authorize, by the same decision, a visit to the home of the "foreigner for the purposes of searching for and retaining any document attesting to his nationality
".
This is only one aspect of the dispute.
For Gérald Darmanin, this new standoff is a life-size test for his barely blue-printed immigration law.
Remember that this text is intended, in particular, to facilitate the expulsions of people who until now benefited from almost absolute protection against a return to the country.
Mahjoubi's lawyer further argues that his client has "
strong ties
" to France: the length of his presence is highlighted, and then his personal ties, in particular his five French children, all minors, all in school.
The minister then invokes, against “
this radical imam with unacceptable remarks
”, the fact that he undermines the “values of the Republic”.
A sort of legal joker contained in the new provisions voted on at the start of the year, which case law will quickly tell if it resists the lawyers' attacks.
A heavy task, in any case, for the magistrates responsible for assessing the merits of this muscular expulsion procedure.
For the alleged attack to be characterized, “two cumulative criteria” would be required: the “seriousness” of the facts and the existence of “deliberate actions of the foreigner disturbing public order”.
Are the “calls to hatred” that his sermons contain, according to the prefect of Gard, enough to seal his fate?
The obstacle course is underway.
The imam's lawyer promises to use all avenues of appeal, starting with his “referred expulsion” initiated before the Paris administrative court.
Whatever the outcome of this legal battle, it in no way presumes the effective expulsion of the imam, since in this case, as in all other cases of expulsion, the country of origin of the imam unwanted person must agree to take it back.
Another hazard which can always, it is true, be the subject of discreet negotiations.
One thing is certain: it takes two to evict.