Adopted in a political and administrative context marked by the desire to speed up the removal of undocumented foreigners, the law of January 26, 2024, profoundly overhauled the system of obligations to leave French territory (OQTF).
Two years after its entry into force, the time has come not to present the texts, but to analyze their concrete effects on the rights of foreigners, the practice of administrative courts, and the functioning of prefectures.
Extended and made fully operational by the ministerial instruction of July 14, 2024, this reform represented a clear paradigm shift: moving from protective, complex, and fragmented litigation to streamlined, accelerated litigation geared toward the effective enforcement of removal measures.
I. Real procedural simplification, at the cost of massive standardization
The creation of Book IX of the CESEDA (Code des étrangers et des séjours, or Foreign Nationals and Residence Code) forms the backbone of the 2024 OQTF reform. The elimination of a dozen separate litigation procedures in favor of three single channels—ordinary, special, and priority procedures—has undoubtedly clarified the procedural landscape.
Two years on, the prefectures have largely integrated this new architecture:
- more readable notifications,
- better identified deadlines,
- more predictable procedural patterns for the administration.
However, this simplification has been accompanied by increased standardization of decisions. Many OQTF orders are now drafted using automated templates, leaving little room for individualized analysis of personal situations.
On the administrative court side, the reform has led to a significant increase in expedited litigation, particularly within the 7-day and 48-hour deadlines.
While judgment times have decreased overall, the quality of the adversarial process has been weakened, particularly for foreigners who are not assisted by a lawyer or who are placed in administrative detention.
II. The gradual erosion of historical protections against removal
One of the most significant features of the 2024 OQTF reform is the removal of protections that were historically considered virtually inviolable, such as:
- arrival in France before the age of 13,
- habitual residence for more than 20 years,
- long-standing and stable family ties.
Two years on, this change has resulted in a significant increase in OQTF orders targeting foreigners who have been living in France for a long time, whenever the administration considers that they pose a serious threat to public order.
This deliberately broad concept has given rise to case law that is still evolving, oscillating between:
- restricted control by the administrative judge,
- and a more demanding assessment of the principle of proportionality with regard to private and family life.
In practice, prefects now have greater discretionary power, while judges are increasingly called upon to arbitrate between public security imperatives and respect for fundamental rights, within ever-tighter deadlines.
III. The rise of “dormant” OQTF orders: a highly effective form of deferred enforcement
The 2024 reform introduced a particularly dissuasive tool: the possibility of enforcing an OQTF dating back less than three years without a new prefectural order.
Two years later, this provision has profoundly changed the practices of administrative detention. So-called “dormant” OQTF, which for a long time remained unenforced due to a lack of arrests or resources, are now fully mobilized.
A simple roadside check, release from police custody, or identity check can be enough to trigger:
- placement in detention,
- immediate enforcement of an old decision,
- often misunderstood by the person concerned.
At the same time, the tightening of bans on returning to French territory (IRTF), which can now be up to ten years, reinforces the deterrent effect of the measure and places the foreign national in a state of lasting legal uncertainty, sometimes several years after the initial notification.
IV. The suspension of social rights: an indirect lever for removal
Less visible in the public debate, but particularly significant, the direct link between refusal of residence, OQTF, and suspension of social rights is one of the most striking effects of the reform.
The systematic transmission of decisions to social security agencies has a mechanical effect:
- rapid loss of health coverage,
- suspension of certain benefits,
- immediate precariousness for the persons concerned.
Two years on, this mechanism is fully operational and used as an indirect tool for forced departure, raising serious questions in terms of:
- human dignity,
- public health,
- protection of vulnerable people, particularly families with children and seriously ill foreigners.
V. Faster litigation, but a growing imbalance in the rights of the defense
In January 2026, the conclusion is clear: the 2024 OQTF reform has achieved its main objective of administrative efficiency.
Delays have been reduced, enforcement has been strengthened, and the administration's room for maneuver has been expanded.
On the other hand, the balance of litigation has shifted to the detriment of the rights of the defense.
Effective access to the courts, the preparation of appeals, and the consideration of complex human situations are being severely tested by:
- the shortening of deadlines,
- the increasing technicality of procedures,
- the generalization of accelerated procedures.
Two years on, this reform appears less like a simple procedural rationalization than a profound restructuring of immigration law, structured around a logic of control, enforcement, and deterrence, which is set to shape administrative and litigation practice in the long term.
Conclusion: a lasting turning point in immigration litigation
The 2024 OQTF reform marks a major turning point in France's removal policy.
While it has increased administrative efficiency, it has also weakened procedural guarantees and individual protections for foreigners.
In this context, legal support is more essential than ever in order to:
- challenge an OQTF,
- identify procedural irregularities,
- effectively mobilize litigation levers,
- and preserve fundamental rights.
FB Avocat supports you in challenging OQTFs, detention procedures, emergency appeals, and the defense of your rights.
Our contact details
11 rue Galin, 33100 – Bordeaux
contact@legalfb-avocat.com
+33 9 85 40 18 64
www.fb-avocat.net
