The Constitutional Council deprives the State of the weapon of detention against asylum seekers whose behavior constitutes "a threat to public order"

According to the Constitutional Council (decision no. 2025-1140 QPC, 22 May 2025), the power of the administration to "place in detention" an asylum seeker whose behaviour constitutes "a threat to public order" or presents a "risk of flight", outside of any removal procedure, violates the individual freedom guaranteed by Article 66 of the Constitution. Referred to the Council of State on 10 March 2025 at the request of Gisti and other associations, the Council ruled that this deprivation of liberty – up to 48 hours renewable for 28 days – is neither necessary, nor appropriate, nor proportionate to the stated objective of combating illegal immigration. The disputed provisions of Article L. 523-1 CESEDA are therefore repealed with immediate effect for all cases not finally judged.