Subject Matter (LILFAE)

1. This law regulates the enforcement of the AIG and the AsylG at the cantonal level.

2. The provisions of the Law of December 3, 2019, on Social Assistance in the Asylum and Refugee Sector (SAFG) apply to the granting of social assistance in the asylum and refugee sector.

1. This Law Aims to

a) Ensure the efficient enforcement of the AIG,

b) Guarantee constitutional emergency assistance for needy persons as per Article 6, Paragraph 1,

c) Enforce the consistent and rapid deportation of persons as per Article 6, Paragraph 1,

d) Promote the voluntary departure of persons without residence and stay rights or corresponding prospects,

e) Establish regulations concerning work permits and hardship cases according to the possibilities of the Canton.

1. The competent authority of the Directorate of Security enforces the Foreign Nationals and Integration Act (AIG) unless this or another law provides for different authorities.

2. The competent authority of the Directorate of Economic Affairs, Energy, and Environment makes the preliminary decisions related to the labor market. The Executive Council may assign her further tasks related to this context.

3. The Executive Council designates the authorities responsible for the enforcement of the AIG within the Directorate of Security and the Directorate of Economic Affairs, Energy, and Environment through regulation.

1. The municipalities support the cantonal authorities in the execution of the AIG.

2. The government council specifies the individual tasks by regulation.

The competent authority of the Security Directorate exercises technical supervision over the municipalities. It ensures the most consistent application of the law possible and may issue directives.

1. The regulations regarding the reporting of collective households according to the provisions of the legislation on the settlement and residence of Swiss nationals also apply to foreign persons.

1. The following persons are excluded from social assistance and are entitled to emergency assistance upon request if they are in need

a) Persons with a final removal order, who have been given a deadline for departure and whose deadline has expired in accordance with Article 38 paragraph 2 of the SAFG,

b) Persons undergoing procedures in accordance with Article 82 paragraph 2 of the Asylum Act (AsylG).

2. A person is considered to be in need if they

a) are unable to sufficiently or promptly support themselves through their own means, and

b) are unable to receive help from third parties, either sufficiently or promptly.

1. Persons according to Article 6 paragraph 1 are required to

a) follow instructions,

b) participate in all official actions of the authorities, especially in the procurement of identity documents,

c) provide the competent authority with the necessary information regarding their personal and economic circumstances and report any changes without being prompted and immediately,

d) observe the house rules at their place of accommodation,

e) refrain from anything that disrupts or endangers orderly cohabitation at their place of accommodation,

f) complete the communal and cleaning tasks assigned to them.

1. The Government Council designates the authority responsible for granting emergency assistance within the Directorate of Security by decree.

2. It establishes the conditions for access to emergency assistance and the procedure for granting such assistance by decree.

1. The competent authority of the Security Directorate requests the competent federal authority, in application of Article 14, paragraph 2, and Article 45, paragraph 2bis of the Asylum Act, to allow individuals who receive a final deportation order after a lengthy asylum procedure to complete an existing apprenticeship. The requirements of federal law must be taken into account in this context.

1. The competent authority of the Security Directorate may delegate the provision of emergency assistance, in whole or in part, to suitable public or private organizations through service contracts.

1. The Allocation of Tasks pursuant to Article 10 paragraph 1 requires that

a. the management and staff possess the necessary professional competencies, and

b. the operational management is ensured.

2. The Government Council may establish additional requirements and conditions for the conclusion of a service contract by regulation.

1. The competent authority of the Directorate of Security assigns individuals to the sponsoring organizations according to Article 6, paragraph 1.

2. The sponsoring organizations may issue orders within the scope of the competences assigned to them.

3. The Directorate of Security decides on complaints.

4. In all other respects, the provisions of the Act of May 23, 1989, on Administrative Procedure (VRPG) shall apply.

1. The organizations are subject to the supervision of the competent authority of the Security Directorate.

2. The Executive Council shall regulate the details by ordinance.

1. The competent authority of the Security Directorate periodically reviews whether the sponsoring organizations meet the legal requirements and provide their services efficiently and with good quality.

1. To the extent necessary for the exercise of supervision and without being released from any special confidentiality obligations, the sponsoring organizations are required to provide the competent authority of the Directorate of Security with the following

a. Information,

b. Access to files,

c. Details regarding operation, performance, and quality,

d. Notification of changes in the legal requirements for the conclusion of service contracts,

e. Access to private facilities and their premises,

f. Any support necessary for the exercise of supervision.

1. Emergency Assistance is generally limited to the constitutional minimum.

2. Assistance is usually provided in the form of in-kind benefits and includes

a. accommodation in a collective shelter,

b. provision of food and distribution of hygiene items at the lowest level stipulated by the legislation on social assistance in the asylum and refugee sector,

c. services from mandatory health insurance according to the Federal Act of March 18, 1994, on Health Insurance (KVG),

d. clothing and other material goods in cases of urgent and proven need.

3. Benefits are not granted retroactively.

1. For unaccompanied minors and other particularly vulnerable persons, emergency assistance is determined individually based on their specific needs, particularly in the areas of accommodation and care.

2. For unaccompanied minors, special attention must be given to their specific needs and the requirements for child welfare.

1. In the provision of emergency assistance pursuant to Article 16 and the benefits pursuant to Article 17, cost-effective solutions must be chosen.

1. The competent authority of the Security Directorate, in collaboration with the Directorate of Health, Social Affairs, and Integration, and the sponsors, shall ensure an adequate number of suitable temporary and permanent accommodations for persons in emergency assistance and shall create appropriate reserves.

2. In doing so, it shall be guided by the forecasts of the federal authorities regarding the development of asylum applications.

3. The municipalities, as well as the government commissioners, shall be involved early in the search for accommodations and shall actively participate.

4. The government council may assign tasks according to paragraph 1 and the coordination in accordance with Article 23, paragraph 1 to the government commissioners.

1. Measures in Tense Situations are Governed by Article 30 SAFG.

2. The Government Council Shall Consider the Space Requirements in the Emergency Assistance Area.

1. In emergencies, the provisions of the Cantonal Civil Protection and Emergency Preparedness Act of March 19, 2014 (CCEPPA)[9] shall apply.

1. Emergency shelters must, through their location, size, and nature

a) allow for the adequate accommodation of persons pursuant to Article 6, paragraph 1, and

b) form economically viable units to the greatest extent possible.

2. The government council shall regulate the specifics by ordinance and may establish further criteria for the accommodation of persons pursuant to Article 6, paragraph 1.

1. The competent authority of the security directorate provides the necessary information to the municipalities and coordinates the cooperation.

1. Private accommodation can be offered to adult individuals or families according to Article 6, paragraph 1,

a) for whom the execution of the deportation order is not foreseeable,

b) who have submitted their asylum application before March 1, 2019, or have received a legally binding negative asylum decision along with a deportation order in the extended asylum procedure according to Article 26d of the Asylum Act more than two years ago, and

c) who comply with their obligations pursuant to Article 7, paragraph 1.

2. The two-year period according to paragraph 1, letter b, may be shortened if families with minor children are affected.

3. Private individuals may accommodate persons according to paragraph 1 with the consent of the competent authority of the Directorate of Security voluntarily and without compensation in the same household or at the same residential address, if

a) they have sufficient living space,

b) they have a good criminal and financial reputation,

c) the possibility of contact with the person according to paragraph 1 by the competent authority of the Directorate of Security is ensured at all times,

d) the execution of the deportation order is not hindered thereby.

4. Only one individual or one family unit may be accommodated per household or residential address.

There is no entitlement to accommodation with private individuals.

1. The canton is not liable for damages caused by the privately accommodated individuals, nor for damages suffered by these individuals as a result of private accommodation.

2. The privately accommodated individuals and the private parties shall conclude an agreement with the competent authority of the Directorate of Security which

a) regulates their rights and obligations,

b) provides for an exclusion of liability in accordance with paragraph 1,

c) is limited to a duration of a maximum of six months and can be extended by six months each time,

d) can be terminated by them without notice.

1. Privately Accommodated Persons

a) receive a cash payment in lieu of in-kind benefits in accordance with Article 16, Paragraph 2, Letter b,

b) are insured in accordance with Article 16, Paragraph 2, Letter c,

c) comply with the obligations imposed on them by law and regulation.

2. The responsible authority of the Security Directorate determines the form and periodicity of the cash payment on an individual basis. As a rule, the payment is made monthly.

1. If the privately accommodated individuals or the private parties do not fully or partially meet the requirements for private accommodation or their obligations, or no longer do so, the competent authority of the Security Directorate may terminate the agreement without notice.

1. The Canton shall provide the host municipalities with appropriate compensation for the use of municipal facilities for accommodating persons in accordance with Article 6, Paragraph 1.

1. A person who provides support or medical care to individuals in accordance with Article 6, paragraph 1, without a mandate from the canton, is not entitled to reimbursement of costs.

2. Services for medical emergencies can be billed to the competent authority of the Security Directorate.

1. The emergency aid costs incurred by the implementation of this Act pursuant to Articles 16 and 17 shall be allocated to the social welfare equalization, insofar as they are not covered by contributions from the federal government.

2. The government council authorizes the expenditures for emergency aid services according to Article 16 and for security in accommodations pursuant to Article 16 paragraph 2 letter a on a final basis. The competent committee of the Grand Council shall be periodically informed in an appropriate manner.

3. The provisions pursuant to Articles 42 and 43 of the SAFG shall apply mutatis mutandis to the expenditures and services according to Article 17.

1. The Reimbursement of Received Emergency Assistance is Governed by the Provisions of the Act of 11 June 2001 on Public Social Assistance (Social Assistance Act, SHG).

1. The competent authority of the Directorate of Security promotes the voluntary departure of persons who have been legally ordered to leave and whose departure deadline has expired.

2. It may provide special services to individuals willing to depart, to prepare and facilitate their return to their home country.

3. It may delegate, partially or wholly, the tasks according to paragraphs 1 and 2 to appropriate organizations through service agreements. The provisions according to Articles 10 to 15 apply mutatis mutandis.

1. The order for deportation, search, and the coercive measures listed in Articles 73 to 81 of the AIG is the responsibility of the competent authority of the Security Directorate pursuant to Article 3, paragraph 1.

2. Insofar as the government council transfers the authority to issue decisions in immigration matters to municipalities pursuant to Article 43, paragraph 1, the competence for ordering deportation and coercive measures can also be transferred.

1. Coercive measures must be ordered and justified in writing.

2. Foreign individuals who are detained as a result of a coercive measure must be informed in a language they understand about the reasons for the detention and the rights they are entitled to.

3. Parents with children and adolescents under the age of 15 are not to be detained.

1. Competent Judicial Authority Pursuant to Articles 70 and 73 to 81 AIG is the Cantonal Compulsory Measures Court.

2. The decisions of the Cantonal Compulsory Measures Court can be appealed to the Administrative Court.

3. The procedure before the Administrative Court is governed by the VRPG, subject to the following provisions

a) The appeal period is ten days.

b) The appeal does not have a suspensive effect.

1. The competent authority of the Security Directorate enforces the detention measures under immigration law in appropriate facilities.

2. The provisions of the penal system legislation are applicable insofar as they are compatible with the purpose of the detention and no specific regulations are stipulated hereafter.

1. Admitted individuals are entitled to spend at least one hour outdoors daily.

2. Unless reasons of security and order oppose, admitted individuals are also entitled to

a. communal accommodation and social contacts,

b. unsupervised telephone and written contacts with the outside world, as well as unsupervised visitation.

3. If the deprivation of liberty lasts longer than two months, admitted individuals shall be offered suitable work.

4. The implementation of enforcement shall take into account the needs of individuals pursuant to Article 17, paragraph 1, and families with children.

1. The provisions of the corrections legislation regarding security and order are applicable to the extent that they are compatible with the purpose of the deprivation of liberty.

2. Articles 28, 30, and 40 of the Act of January 23, 2018, on Corrections (Corrections Act, JVG) are not applicable.

1. Inmates can file a complaint with the Security Directorate against orders of the management of the correctional facility.

2. Decisions of the Security Directorate can be challenged by filing a complaint with the Administrative Court.

3. The complaint does not have a suspensive effect.

1. The Executive Council regulates the details by ordinance.

1. Authorities responsible for the execution of tasks according to this law in the canton and municipalities, as well as the organizations tasked with duties in accordance with this law, may process or have processed personal data, including particularly sensitive data, of foreigners, as well as third parties involved in procedures pursuant to this law, insofar as it is necessary for the fulfillment of their legal duties.

1. The authorities of the canton and municipalities responsible for the enforcement of this law, as well as the entities entrusted with tasks according to this law, may disclose processed personal data, including particularly sensitive personal data, to each other and to other authorities on a case-by-case basis if the data is necessary for the recipient to fulfill their legal duties.

2. Furthermore, the disclosure of personal data by the authorities responsible for the enforcement of this law is governed by the federal and cantonal legislation on foreign nationals and asylum law, as well as the cantonal data protection legislation.

1. The provisions of the SHG concerning confidentiality obligations, communications to authorities and private individuals, as well as duties to provide information, apply mutatis mutandis to the execution of emergency assistance in accordance with this law.

1. Personal data regarding the provision of emergency assistance and return assistance shall be processed in the data processing system pursuant to Article 48 of the SAFG.

2. The provisions of the SAFG, as well as those related to information security and data protection, are applicable to the operation, electronic access rights, responsibilities, and data protection.

3. Furthermore, the specifications of federal law apply to the data processing systems for the implementation of the AIG and Asylum Act.

1. Unless this law specifies otherwise, the procedure and legal protection are governed by the provisions of the VRPG.

2. Appeals against relocations of individuals from special accommodations according to Article 17, paragraph 1, to accommodations according to Article 16, paragraph 2, letter a, do not have a suspensive effect.

1. The Government Council enacts the implementation provisions necessary for the execution of this law.

1. The Executive Council may provide by ordinance that municipalities, to which the authority to execute the AIG had been wholly or partially delegated by ordinance prior to the enactment of this law, may continue to exercise this authority if they possess the necessary resources and expertise.

2. There is no legal entitlement to a delegation of tasks according to paragraph 1. Any potential delegation will not be compensated by the Canton.

3. Appeals against decisions of the municipalities can be made to the Department of Security. Otherwise, the appeals procedure is governed by the provisions of the VRPG.

1. With the delegation of authority according to Article 43, paragraph 1, municipalities that had a municipal police force as of December 31, 2007, may, in enforcement of the AIG and in coordination with the cantonal police, conduct interrogations pursuant to Article 142, paragraph 2 of the Swiss Code of Criminal Procedure of October 5, 2007 (Criminal Procedure Code, CPC) in compliance with criminal procedural requirements, and for this purpose, issue police summonses pursuant to Article 206 CPC.

2. Employees of the municipalities implementing measures in accordance with paragraph 1 must possess a police or equivalent qualification. They must be reported to the competent authority of the Department of Security.

1. Supervision is governed by Article 5.

1. The competent authority of the Security Directorate shall review the situation of individuals pursuant to Article 6, paragraph 1, who are receiving emergency assistance exceeding the scope of benefits according to Article 16, paragraphs 1 and 2 significantly, particularly because they are accommodated in individual housing or specialized facilities, within six months after the enactment of this law.

2. Until the completion of the review, the individuals pursuant to Article 6, paragraph 1 may remain in the special accommodation.

3. Appeals against relocations do not have a suspensive effect.

Contracts for services concluded under previous law shall remain valid until their contractually agreed termination after the entry into force of this Act.

1. The shift of financial burdens between the canton and the municipalities of one million Swiss francs per year, as a consequence of the regulation in Article 26, paragraph 1, shall be credited to the financial equalization according to Article 29b of the Law of November 27, 2000, on Financial and Burden Equalization (FILAG)[[13]] from the date of this law coming into force.

1. The following enactments are amended

a) Law of 11 June 2009 on the Organization of the Judicial Authorities and the Public Prosecutor's Office (GSOG)[[14]](#enumeration_itemtext_content_fn_2872764_2_14_c),

b) Compulsory Education Act of 19 March 1992 (VSG)[[15]](#enumeration_itemtext_content_fn_2872765_2_15_c),

c) Law of 27 November 2000 on Financial and Burden Sharing (FILAG)[[16]](#enumeration_itemtext_content_fn_2872766_2_16_c).

The Introductory Law of January 20, 2009, to the Foreign Nationals and Asylum Act (EG AuG and AsylG; BSG 122.20) is repealed.

1. The Government Council determines the date of entry into force.

2. It coordinates the entry into force with the entry into force of the SAFG.