This document discusses the precarious administrative status of foreign students in France, highlighting the principle of return to their country of origin and the resulting discriminations.
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[...] Conclusion This reflection has allowed ushers in the paradoxical reality of foreign students in France. Welcomed in large numbers in universities, they remain nonetheless placed in a situation of infra-citizenship due to the precariousness of their administrative status. This situation has deteriorated over the successive reforms, resulting in an openly discriminatory logic. The precariousness of their status, far from protecting them against discrimination, actually serves to legitimize them in the eyes of the law. It appears necessary today to rethink in depth the status of the foreign student in order to ensure a true equality of treatment. [...]
[...] The principle of equality has many accepted derogations by judges. The 'right to education' guaranteed by the ECHR often applies imperfectly. The precariousness of the administrative status of foreign students in France is even at the origin of a dominant jurisprudence legitimizing them. Judges frequently consider that due to this precariousness, students are not in the same "situation" as French nationals and cannot claim the same protection regime against discrimination. The law thus tends to reinforce the infra-status rather than combat it. [...]
[...] From student card to the status of foreign worker' by Antoine Math, Serge Slama, Alexis Spire, Mouna Viprey and 'The infra-status of the foreign student' by Jean-Philippe Foegle The precariousness of the administrative status of foreign students Since the 1970s, French public policies towards foreign students have been guided by the principle that the foreign student must return to their country at the end of their studies. This principle of 'return to the country of origin', introduced in a 1977 circular, has become a structuring norm for all subsequent reforms. It reflects a conception of the foreign student as a transient figure, whose presence in France should only be temporary and solely linked to their studies. [...]
[...] The sources of discrimination related to this precariousness The precariousness inherent in the administrative status of foreign students in France often allows for the justification and legal acceptance of differences in treatment with the French. The judge considers, in fact, that being in a 'particular situation', foreign students are not obliged to benefit from the same regime as nationals. This statutory precariousness also generates systemic discriminations in many areas of daily life. Foreign students encounter more difficulties than the French in finding housing or a job. [...]
[...] This administrative precarious situation places them in a position of infra-citizenship. It legitimates restrictions on rights and maintains them in a situation of inferiority and vulnerability conducive to discrimination. This infra-status thus generates factual inequalities in their daily lives. The recent institutionalization of discriminations The 'chosen' immigration policies implemented since the 2000s have led to the selection of foreign students based on merit and competitiveness criteria. Only students deemed 'talented', particularly from top universities, are favored by derogatory statuses. This selection institutionalizes de facto a discrimination between foreign students. [...]
