Ordinance on the cantonal act implementing the Federal Act on Foreigners (OLALEtr) - Cantonal Office for Population and Migration (VEGAUG)

1. The department responsible for population and migration (hereinafter: the department) is specifically responsible for

a) requesting the hearings necessary for the fulfillment of its duties;

b) issuing the following

1. Entry permits for permanent residence in Switzerland,

2. Short-term residence permits,

3. Residence permits,

4. Settlement permits,

5. Cross-border commuter permits,

6. Renewals and extensions of permits;

c) ordering the following

1. Refusal of the permits mentioned under letter b, numbers 1 to 5,

2. Refusal of the extension or revocation of short-term residence, residence, settlement, or cross-border commuter permits,

3. Expulsions from Switzerland;

d) carrying out deportations in accordance with Articles 69 and 70 of the Federal Act on Foreign Nationals (AuG);

e) ordering, implementing, or lifting the coercive measures set out in Articles 73 to 81 AuG;

f) issuing warnings;

g) prosecuting and judging the penal provisions set out in Articles 115 paragraph 3 and 120 AuG in accordance with the Swiss Criminal Procedure Code;

h) supervising the municipal offices responsible for foreigner control;

i) organizing training courses.

2. The department is responsible for coordinating and implementing the integration of foreigners.

1. The municipality possesses the following responsibilities concerning foreign nationals control

a) It ensures that any foreign national residing within its municipality

1. reports their arrival within the legal deadline,

2. presents a valid identification document and, if applicable, their residence or settlement permit,

3. takes all necessary steps to obtain the required permit,

4. submits the application for the extension of their permit within the prescribed period;

b) It sends the office its statements on applications for permits or extensions, as well as the documents necessary for permit assessment;

c) It conducts the hearings requested by the office and necessary for the processing of applications;

d) It monitors foreign nationals within its municipality, if necessary upon the request of the office, and reports any violations detected;

e) It informs the office of any change in the residency status of a foreign national and ensures that the given instructions are followed;

f) It is responsible for collecting the fees stipulated in foreign nationals control. The amounts and collection procedures are determined by a regulation of the State Council;

g) It ensures compliance with the obligation of notification for the commercial accommodation of foreign nationals as per Article 16 of the Foreign Nationals Act (AuG).

2. In the execution of the aforementioned tasks, municipal foreign nationals control can rely on the municipal police or an inter-municipal police. If the municipality does not have a municipal or inter-municipal police, it may turn to the cantonal police.

3. The municipality is responsible for implementing integration measures on a local or regional level.

1. The department is responsible for the integration of foreigners (hereinafter: Integration) in collaboration with other affected departments and bodies.

2. The department serves as the point of contact in integration matters for federal, cantonal, and municipal bodies.

3. To fulfill this role, the department has a cantonal specialist office for integration.

1. The department is specifically responsible through its specialized office to

a) ensure the coherence of cantonal measures, the coordination, and interinstitutional collaboration within cantonal departments, institutions, municipalities, associations, and individuals active in the field of integration;

b) promote and develop integration activities;

c) support, advise, and provide necessary information to providers in the integration field;

d) manage the integration budget category and allocate federal and cantonal subsidies;

e) express opinions during consultations and prepare reports, evaluations, and all useful documents in the field of integration.

1. The State Council designates a consultative commission for the integration of migrants.

2. This commission is composed of a maximum of 19 members, both Swiss and foreigners, representing diverse groups.

3. The State Council appoints the president of the commission.

4. The secretariat of the commission is provided by the service office. Otherwise, the commission determines its own organizational structure.

1. The Commission

a) addresses all issues raised by the presence of foreigners in Valais;

b) analyzes, discusses, gives its opinion, makes proposals, and advises the Department and the State Council on matters of migrant integration;

c) prepares, upon request from the Department or the State Council, communications and publications on integration, prevention, and education measures, or concerning other measures it deems important for various areas of migration and integration;

d) provides its opinion on the financing of integration projects, grants allocation, and legislative projects concerning integration;

e) coordinates its activities with those of other cantonal commissions;

f) prepares an annual activity report for the State Council through the Department.

1. The municipalities promote integration. To this end, they designate a responsible person who serves as the liaison for the department.

1. The granting of subsidies is generally evaluated according to the following criteria: compliance with the cantonal integration program, number of applications, affected area, federal priority order, cantonal priority order, cantonal objectives, municipal objectives, fair distribution of resources, budget availability.

2. Any priority orders or criteria considered by the federal government are generally indicative.

3. The subsidies constitute a separate budget category.

1. Subsidy applications must be submitted to the relevant department. They shall include

a) a detailed description of the project;

b) a budget;

c) a financing plan.

2. The project initiators shall provide the department with all relevant documentation and furnish any necessary additional explanations.

3. The head of the department to which the office is attached shall decide, based on the preliminary opinion of the commission and within the scope of ordinary competencies, on the granting of subsidies.

1. The subsidy recipient shall submit a comprehensive final report and a detailed final account to the department.

2. The department shall conduct the necessary checks, particularly concerning the financial, educational, and organizational aspects, as well as the achievement of the objectives.

3. The department or the head of the department may assign third parties to conduct the checks.

4. It shall coordinate its checks with those of the various federal funds.

1. The office decides as the sole administrative instance.

1. The institutions of administrative detention for coercive measures (hereinafter: ADCM) are affiliated with the Department of Penal and Measure Enforcement.

1. The legal regulations and the modalities of administrative detention are described in a special ordinance.

1. The State Council Appoints an Advisory Commission for Coercive Measures.

2. This commission is composed specifically of representatives from the affected departments of the cantonal administration, the judicial authorities, and aid organizations active in the field of reception and support of foreigners.

3. The State Council appoints the president of the commission. The commission determines its procedures.

1. The Commission shall have the following responsibilities

a) to conduct all studies requested by the concerned department or the government regarding coercive measures in immigration law;

b) to submit to the concerned department or the government any proposals it deems useful in this area;

c) to report annually to the Council of State on its activities.

1. The members of the Visitors' Committee are elected by the Council of State upon the proposal of the relevant department.

2. The Committee is composed of three members who are selected based on their professional competencies in the field of detention and their independence. They are appointed for the duration of a term of office. Their mandate can be renewed.

3. The Committee determines its procedures.

1. The Committee has the following duties

a) to exercise oversight over the conditions of administrative detention in the cantonal institutions;

b) to submit to the concerned department or the government all proposals and recommendations it deems appropriate in this area, as well as any special reports if necessary;

c) to report annually to the Council of State on its activities.

1. The Committee exercises its supervision through

a) Visits to administrative detention facilities;

b) Visits with administratively detained individuals, with whom the Committee can converse without witnesses;

c) Contacts with the person in charge and the staff of administrative detention facilities concerning coercive measures;

d) Hearing from individuals whose testimony seems useful.

2. The Committee may engage experts for a limited period or for a specific task. Their mandate is to be communicated to the State Council.

3. The Committee and each of its members, as well as the experts designated on a case-by-case basis, have free access to all detained persons and to all premises.

1. The State Council designates a consultative commission for hardship cases.

2. This commission is composed of seven to nine members from the various constitutional regions.

3. The commission members may neither personally undertake legal representation of individuals whose cases might be handled by the commission, nor belong to associations for the defense of asylum rights.

4. The bureau of the commission consists of the president and two members.

5. The State Council appoints the president, the bureau, and the members of the commission on a personal basis for the duration of a legislative term.

6. The commission establishes its mode of organization.

1. The Commission issues its preliminary opinion on the written applications for the regulation of residency conditions submitted by the following persons

a) Rejected or non-rejected asylum seekers pursuant to Article 14 paragraph 2 of the Federal Asylum Act (AsylG);

b) Provisionally admitted persons pursuant to Article 84 paragraph 5 of the Foreign Nationals and Integration Act (AuG);

c) Foreign nationals who have lived in Switzerland for several years without a residence permit (Sans-Papiers) as defined by Article 30 paragraph 1 letter b of the AuG.

2. The applications are examined pursuant to the provisions of federal legislation and case law.

1. The office of the Commission is tasked with selecting the dossiers to be placed on the agenda and presenting them to the Commission during the plenary sessions.

1. Commission members must recuse themselves if they are required to handle a dossier in which they are personally involved, as outlined in Article 10, Paragraph 1 of the Administrative Procedure and Administrative Jurisdiction Act.

2. The secretariat of the commission is ensured by the department.

1. The department provides the Commission's office with the entire dossier and members with a summary.

2. The Commission issues its preliminary opinion based on the submitted dossier and the provided summary. The preliminary opinions of the Commission are of advisory significance.

3. The head of the department responsible for population and migration participates in the meetings of the office and the Commission with an advisory voice.

1. The preliminary opinion of the commission is recorded in a protocol and transmitted to the office.

2. In the event of a positive preliminary opinion from the commission, the office forwards the dossier to the Federal Office for Migration (FOM), which holds exclusive decision-making authority concerning residence conditions in hardship cases.

3. In the event of a negative preliminary opinion from the commission, the office informs the rejected asylum seeker through a reasoned letter or issues a decision for those provisionally admitted and persons not entitled to stay. If necessary, the office continues the procedure regarding deportation.

4. In cases of differing opinions between the office and the commission, the decision to submit the application to the FOM or not falls to the head of the department to which the office is affiliated.

1. The person seeking regulation of their residency may be represented by a legal representative on the basis of a duly signed power of attorney.

2. In the case of a negative preliminary opinion by the commission, the following applies

a) the provisionally admitted person may request a re-examination of their file within a reasonable period and upon the presentation of new facts that have led to a permanent and favorable change in their situation;

b) the file of a rejected asylum seeker or a person not entitled to residency cannot, in principle, be submitted to the commission again.

1. Proceedings pending at the time of the entry into force of the present regulation shall be subject to the new law.

1. Until the Ordinance on the Regime and Modalities of Administrative Detention comes into force, the Implementing Ordinance to the Introductory Act to the Federal Act on Coercive Measures in Foreign Nationals Law of February 26, 1997 (VEGBGZ) shall remain in force, insofar as it does not contradict the following provisions.

2. Furthermore, subject to Article 13 of the present law, the legal regime of administrative detention is regulated by the following provisions

a) Contact with the outside world

1. As a rule, administrative detention does not impose particular restrictions on the detainee's rights to contact with the outside world. Restrictions, however, may arise from the requirements of the institution's operations or security reasons,

2. The detainee can generally correspond freely,

3. He may receive visits under reasonable conditions from persons with whom he has a legitimate interest in contact; however, subject to necessary restrictions imposed by the case handling as well as the security and order of the institution. For security reasons, a visitor’s personal belongings may be searched,

4. The detainee's contacts with his/her attorney occur freely and without supervision;

b) Outdoor walk: From the first day of detention, the detainee is entitled to an outdoor walk in fresh air for at least one hour;

c) Gender separation

1. Detainees should be separated by gender to the extent possible, at least during night-time rest,

2. Each detainee may request a complete gender separation throughout the entire duration of detention,

3. Cohabitation of couples may only be permitted if it does not harm the operation of the institution;

d) Right to discussion and complaint

1. The detainee has the right to request a discussion with the prison management at any time,

2. He can submit a complaint to the department, thereby drawing its attention to a factual or legal situation warranting intervention; this remedy is available whenever the complaint route is inadmissible. The detainee is not a party to the proceedings and generally has no right to have his intervention examined or to obtain a decision on the matter;

e) Disciplinary sanctions

1. The management of the detention center is responsible for imposing the following disciplinary measures

1.1. formal reprimand,

1.2. withdrawal of a benefit for a maximum of 10 days,

1.3. isolation in a cell for up to 5 days. Beyond this duration, the department is responsible;

2. Disciplinary sanctions may be subject to an objection under the terms and conditions of Art. 34a and following of the Administrative Procedure and Judicial Review Act (VVRG),

3. The detainee may challenge objection decisions by filing a complaint with the Council of State,

4. The Council of State decides as the last cantonal instance, unless federal law grants the detainee the right to bring the case before a court,

5. The detainee may not be represented or assisted by another detainee;

f) Inspection, search, seizure, confiscation

1. Detainees, their personal belongings, and their premises may be inspected if serious indications suggest this measure is necessary,

2. The search must be carried out by a person of the same gender or a doctor in an appropriate location; a thorough physical search may only be conducted by a doctor,

3. The institution’s management can seize dangerous objects that may be used for escape preparation or seriously disrupt internal order. The relevant department may order their confiscation; its decision can be appealed to the Council of State and then to the Cantonal Court.

1. This Regulation shall be published in the Official Journal and shall enter into force simultaneously with the Act.