1 State - People - Authorities - 13 Citizenship Rights - Establishment - Residency - 132 Establishment and Residency - CHAPTER ONE Competent Authorities (EGANAG)

[4] 1 The department designated by the Council of State (hereinafter: the department) assumes the tasks assigned to the State concerning the residence and establishment of foreigners, integration, and coercive measures.

2. It exercises all functions related to the policing of foreigners that are not assigned to a federal authority or that cantonal legislation does not allocate to another authority.

3. It is responsible for ensuring that employers comply with their obligations towards foreign workers, including obligations related to salary and housing.

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[7] 1 The Court of Coercive Measures is competent to

a) authorize the competent authority to extend detention for a maximum of six months (art. 13b, para. 2, LSEE);

b) examine the legality and appropriateness of the detention (art. 13c, para. 2 and 3, LSEE);

c) rule on a request for release from detention (art. 13c, para. 4, LSEE);

d) order the release of detention if the detained person must serve a sentence or a custodial measure (art. 13c, para. 5, letter c, LSEE);

e) order the search of an apartment or other premises (art. 14, para. 4, LSEE).

2 Its competence extends to subsequent decisions to be taken in the same case.

[8] Officers of the Neuchâtel police are authorized to conduct searches of foreigners and seize the items they carry, in order to look for travel documents, identification papers, dangerous objects, drugs, or assets of dubious origin, in accordance with federal legislation regarding asylum and foreigners.

The Advisory Commission on Asylum Seekers is consulted on questions of principle relating to the application of coercive measures in the field of immigration law.

1. To ensure the progression of a deportation procedure, the foreign national may be detained during the preparation of the decision regarding their residency rights, under the conditions outlined in Article 13a, LSEE.

2. If a first-instance deportation or expulsion decision has been notified, the foreign national may be placed or kept in detention to ensure its execution, under the conditions outlined in Article 13b, LSEE.

[9] 1 The authority designated by the Council of State (hereinafter: the competent authority) shall promptly make a decision regarding the residence rights of the detained foreign national (Art. 13c, para. 6, LSEE).

2. It shall notify its decision to the detained person or their representative, if necessary, orally translated into a language they understand.

The provisions of the present chapter regarding detention are not applicable to minors.

[10] 1 As soon as the competent authority has ordered or maintained detention (Art. 13a and 13b, para. 1, LSEE), it shall communicate its decision to the Court of Coercive Measures as well as the case file, indicating the language in which the detained person can express themselves or be understood, and if applicable, the name of the person they designate who is located in Switzerland.

2. It shall inform the detained person, in a language they understand, of their right to be immediately assisted by a representative and an interpreter.

3. Furthermore, it shall notify the person designated by the detainee and located in Switzerland (Art. 13d, para. 1, LSEE).

[11] 1 The Compulsory Measures Court shall decide after an oral procedure

a) no later than 72 hours after the detention regarding the legality and appropriateness of the detention (Art. 13c, para. 2, LSEE);

b) within eight working days on the request for release from detention (Art. 13c, para. 4, LSEE).

2. If the foreign national has a representative, the representative shall be informed of the location and time of the hearing.

1. Administrative detention takes place from the 96th hour of detention in a concordat facility as defined by the Concordat on the Execution of Administrative Detention for Foreigners, dated July 4, 1996.

2. The conditions for the execution of detention during the preparatory phase and with a view to expulsion are governed by Chapter 3 of the Concordat on the Execution of Administrative Detention for Foreigners, dated July 4, 1996, and its implementing regulations.

[12] 1 When it determines that the extension of the detention is necessary (Art. 13c, para. 2, LSEE), the competent authority shall submit a written and reasoned request to the Court of Coercive Measures, accompanied by the file.

2. The request must be submitted no later than twelve working days before the expiration of the three months (Art. 13b, para. 2, LSEE).

[13] Requests for release from detention must be submitted in writing to the Coercive Measures Tribunal within the deadlines provided for in Article 13c, paragraph 4, LSEE.

**[14] 1** As soon as the conditions for detention are no longer met, the competent authority orders the release of the foreign individual.

**2.** The execution of removal or expulsion puts an end to the detention.

[15] 1 Decisions of the Court of Coercive Measures are notified in writing to the foreign party.

2. The person designated by the latter and located in Switzerland, as well as the legal representative, are informed thereof.

[16] The competent authority and the Detention Review Tribunal may order any measures necessary to establish the identity of the foreign national, including taking photographs and fingerprints.

Subject to the provisions of this law, the procedure is governed by the Administrative Procedure Law (APL) of March 18, 2025 [17].

[18] 1 The decisions of the competent authority may be appealed to the department, and then to the Cantonal Court.

2. However, decisions regarding administrative detention and its continuation are not subject to appeal.

3. Appeals against decisions assigning a place of residence and prohibiting entry into a specific area do not have suspensive effect (Art. 13e, para. 3, LSEE).

[19] 1 Decisions of the Coercive Measures Court may be appealed to the Cantonal Court.

2. The appeal must be summarily motivated.

3. The appeal does not have a suspensive effect.

4. The Cantonal Court must promptly rule on the legality and appropriateness of the detention.

In principle, the costs of detention are the responsibility of the foreign national.

[20] The fees of the foreign representative shall be borne by the latter, subject to cantonal legislation on criminal and administrative assistance.

1. The State advances the costs of assistance and repatriation for foreign nationals employed without authorization who are deported or expelled.

2. The expenses incurred by the implementation of this provision are charged to the employer.

[21] 1 When the Court of Coercive Measures or the appellate authority deems the detention unjustified, the foreign national may request compensation for the harm caused by their detention.

2. The content of paragraph 1 of this article as well as Article 24a must be included in full at the bottom of the decision.

[22] 1 The claim for compensation is subject to the provisions of Articles 11 and 21, paragraph 1, of the Public Authorities and Their Agents Liability Act (Liability Act), dated June 26, 1989 [23], concerning procedure and jurisdiction.

2. It must be submitted in writing to the competent department within six months following the enforcement of the decision declaring the detention unjustified, under penalty of forfeiture.

3. The provisions of the Administrative Procedure Act (APA), dated March 18, 2025 [24], concerning the administrative legal action shall apply as a supplement.

The introductory law to the Federal Law on the Residence and Establishment of Foreigners of March 25, 1991 [25], is repealed.

1. This law is subject to an optional referendum.

2. The Council of State shall provide, if necessary, for its promulgation and execution. It shall set the date of its entry into force.

Law promulgated by the Council of State on January 10, 1997.

The entry into force is immediate.