TRUE OR FALSE. Is Imam Mahjoubi ineligible for deportation because he has minor children, as a police unionist claims?

Linda Kebbab, national secretary of the SGP Police Unit union, affirms that the State cannot expel imam Mahjoub Mahjoubi, as Gérald Darmanin wishes. The law indeed protects foreigners who have minor children, but there are exceptions.

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Mahjoub Mahjoubi is in the sights of the authorities because of a sermon where he compares the tricolor flag to the satanic flag.  (DAUPHIN PHILIPPE / MAXPPP)

Can Gérald Darmanin have the imam of Bagnols-sur-Cèze expelled as the Minister of the Interior wishes? The cleric is criticized, among other things, for a sermon where he compares the tricolor flag to the satanic flag. The authorities see “a call to hatred”.

On Europe 1 Tuesday February 20 Linda Kebbab, national secretary of the SGP Police Unit union affirms that, contrary to what Gérald Darmanin says, this imam cannot be expelled, “because his children are minors”. The foreigners’ code prevents the expulsion of a foreign person from France if they have one or more minor children, French, and who live in France, provided that they are not polygamous and take care of them daily. Imam Mahjoub Mahjoubi has lived in France since 1986, he is married, he has five French children, all minors, all in school. In theory, he is not deportable, but there are exceptions.

The “imperative necessity for state security”

The Foreigners’ Code provides in particular that a foreign person who meets the above conditions can still be expelled, in the event of “imperative necessity for state security or public safety”according to article L631-2.

But there is more, the recent immigration law allows the imam to be expelled if he is ever convicted of crimes or misdemeanors punishable by five years or more in prison. Mahjoub Mahjoubi is the target of an investigation for advocating terrorism and risks up to five years in prison. For Gérald Darmanin, the Minister of the Interior, as for the prefect of Gard, where Mahjoub Mahjoubi lives, “there is a call for hatred”. If the imam is deportable, he can always file several appeals, and in this case, justice will decide.


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