Introductory Act to the Foreign Nationals Act (EGAR) - Scope of Application (EGAR)

1. This law regulates the procedures in immigration law and the measures for the integration of foreign nationals.

1. Subject to any differing provisions of this Act, the provisions of the Administrative Procedure Act (Verwaltungsrechtspflegegesetz, VRPG) of December 4, 2007, shall apply.

2. In proceedings concerning immigration law before the administrative court, no procedural stay periods shall apply.

1. The Office for Migration and Integration Canton Aargau (MIKA) is responsible in the first instance for all matters related to foreign nationals law. It operates an advisory service, particularly to promote voluntary return.

2. The employees of MIKA are required to report individuals who violate regulations pertaining to foreign nationals. In cases of minor offenses or when enforcement measures are taken against persons of foreign nationality, a report may be waived.

3. The imposition of compulsory measures and the granting of the right to a fair hearing in these proceedings are carried out by employees of MIKA who are specially authorized by the competent department.

4. ...

5. The government council may designate additional authorities that are authorized to issue first-instance orders in accordance with this law.

1. The cantonal police are responsible for the enforcement of coercive measures ordered by the authorities under immigration law.

2. They provide the necessary support to the MIKA and the administrative court and conduct investigations on their behalf.

3. The government council may issue regulations concerning the forced transfer of foreign individuals to their destination country.

1. The Administrative Court adjudicates appeals against objection decisions made by authorities pursuant to § 3.

1. The competent senior judge of the Administrative Court is the judicial authority in accordance with Articles 70 and 73-80 of the AuG.

2. As a substitute, an auxiliary judge of the competent chamber, who holds a legal practicing license, or another senior judge of the Administrative Court, shall serve.

1. Appeals against orders of the MIKA or any other authority designated by the Government Council pursuant to § 3 para. 5 may be filed with the issuing authority in writing, subject to § 17 para. 2 and 4 as well as § 26.

2. The appeal period is 30 days from the date of delivery.

3. The appeal has a suspensive effect unless otherwise determined by special regulation or for important reasons within the orders themselves.

1. No fees shall be charged nor party compensations awarded in the objection proceedings.

2. If additional fact-finding is necessary in the objection proceedings, the incurred expenses shall be charged to the objector, regardless of the outcome of the proceedings.

3. ...

1. Objection decisions can be appealed to the Administrative Court within 30 days of notification.

2. Subject to differing federal legal provisions or provisions in this law, the following can be challenged by appeal

a) Legal violations, including exceeding or abuse of discretion,

b) Incorrect or incomplete determination of the legally relevant facts.

**1. If a reason for detention according to Art. 73 of the Foreign Nationals and Integration Act (AuG) exists, the Migration and Integration Control Authority (MIKA) can order the short-term detention of the concerned person by the Cantonal Police.**

**2. The Cantonal Police is authorized to detain individuals of foreign nationality for a maximum of 24 hours in accordance with Art. 73 para. 1 lit. b AuG. If the person concerned is detained for more than four hours, the approval of a member of the Cantonal Police serving as a duty officer is required.**

**3. The Cantonal Police shall promptly order the necessary identification measures and also promptly report the short-term detention, usually in writing, to the MIKA, which decides on the continuation of the short-term detention.**

1. If there is a reason for detention according to the Foreign Nationals and Integration Act (AuG), the Migration and Integration Cantonal Office (MIKA) can order the arrest of the concerned person by the Cantonal Police.

1. Upon granting the right to be heard, the MIKA promptly issues the detention order in accordance with the AuG (initial order or extension) or orders the release of the affected person. The decision is to be communicated verbally to the affected person.

2. The administrative court must be informed immediately about the detention order.

3. The detention order must then be provided in writing, including the date and time of arrest, the grounds for detention, and the relevant provisions, to both the administrative court and the detained person.

4. The MIKA typically submits the documents to the administrative court within 24 hours of the detention order.

5. In the event of an extension of detention, the MIKA must submit the application along with the documents at least five working days before the authorized detention period expires.

6. The MIKA notifies the person designated by the detainee.

1. If the competent senior judge of the Administrative Court is to conduct an oral hearing, participation is mandatory for the detained person and a representative of the MIKA.

2. The competent senior judge of the Administrative Court decides based on documents and submissions of the parties. The admission of further evidence is reserved.

3. The decision regarding the initial detention order is usually announced orally and subsequently delivered to the parties in writing and with reasons. If the proceedings are conducted in writing, the announcement of the decision is also made in writing.

4. The written decision must include an indication of the date of the next possible application for release from detention and information on the right of appeal.

1. The application for release from detention must be submitted in writing to the MIKA. At the request of the detained person, the oral application shall be recorded by the MIKA.

2. The MIKA shall forward the application without delay to the administrative court and submit its statement within four working days.

3. The procedure shall be conducted analogously in accordance with § 14.

1. If the detained person is released from custody, deported, or hospitalized for medical reasons, MIKA shall immediately inform the Administrative Court and the authority responsible for the decision on removal or expulsion.

1. The MIKA is the competent cantonal authority for ordering restriction and deregulation.

2. Appeals against restriction and deregulation orders must be submitted in writing to the Administrative Court within 30 days of notification.

3. No sooner than six months after the notification of the MIKA's order or the decision of the competent judge of the Administrative Court, the affected person may submit a substantiated request to MIKA for the annulment or modification of the order. Significant changes in circumstances may be asserted at any time.

4. The affected person may appeal against the MIKA's decision on the request to the Administrative Court within 30 days of notification.

5. The competent judge of the Administrative Court usually decides based on the records. He or she may take further evidence and conduct a hearing.

1. The MIKA is the competent cantonal authority for ordering personal and property searches. It commissions the cantonal police to execute these orders.

1. The MIKA may file a request for a search warrant with the Administrative Court. The competent senior judge generally decides based on the records and commissions the cantonal police to conduct the enforcement. The cantonal police decide on the involvement of third parties based on the situation encountered.

1. Detained Persons' Rights

Detained individuals have, subject to § 21, the right to

a) spend at least one hour daily in the open air, usually in the exercise yard of the detention facility, starting from the day after incarceration,

b) engage in unlimited and unmonitored verbal and written communication (telephone calls, letters, and visits) with their legal representative,

c) engage in unlimited and unmonitored correspondence with relatives and other care and contact persons,

d) generally receive three one-hour unsupervised visits per week from individuals as referred to in point c,

e) conduct non-monitored telephone calls within the framework of house rules with individuals as referred to in point c,

f) receive medical and pastoral care,

g) interact with other detained persons, who are in administrative detention in the same facility, with as few restrictions as possible.

2. The costs for writing materials, postage, and telephone calls are borne by the detained person. In cases of indigence, the detention authority may approve exceptions to facilitate reasonable external contacts.

1. Restrictions on the guaranteed rights are to be imposed by the MIKA. They are permissible, subject to § 23, only to the extent necessary to ensure security, particularly to prevent escape.

2. The correctional authority may inspect visitors, as well as packages and letters, for items that could endanger the safety of the incarcerated individuals and staff or aid in escape.

1. The detained person must, if possible, be offered suitable employment no later than 14 days after detention.

2. Except for domestic duties, the detained person is not obligated to work.

1. Violations by the incarcerated person against the institution's regulations and orders issued by the institution's authorities on a case-by-case basis can be punished disciplinarily.

2. The prison administration can impose the following disciplinary measures

a) Written reprimand,

b) Transfer to another cell,

c) Denial, restriction, or withdrawal of access to books, newspapers, as well as radio and TV consumption.

3. The MIKA can impose the following disciplinary punishments

a) Denial, restriction, or withdrawal of visitation rights and telephone communications with relatives and other care and contact persons according to § 20 para. 1 lit. c,

b) Confinement of up to a maximum of five days.

4. The simultaneous imposition of multiple disciplinary measures or disciplinary punishments is permissible.

1. If the incarcerated person has the appropriate financial means, the execution costs are to be imposed on them in full or in part.

2. The execution costs of detention remaining after deduction of federal contributions are borne by the canton.

1. Against decisions, actions, and omissions of the correctional authority and the enforcement personnel, the incarcerated person may file a complaint with the MIKA within ten days from the delivery of the decision, from the last action taken, or, in the case of omissions, from the point in time when the required action should have been taken.

2. The MIKA shall obtain a statement from the correctional authority and make a final decision, subject to § 26.

1. Appeals against orders and decisions issued by the MIKA that pertain to disciplinary sanctions according to § 23 paragraph 3 letter b, guaranteed rights according to § 20, or constitutional rights, may be filed by the detained person with the Administrative Court within ten days from the date of service.

2. The competent senior judge of the Administrative Court is not bound by the requests made in the appeal. He or she also reviews the exercise of discretion.

1. An official legal representative must be appointed for the affected person who has not yet chosen their own legal representation, if they are unable to sufficiently protect their interests given the severity of the impending deprivation of liberty, or if other circumstances necessitate official representation.

2. An official legal representative must be appointed when the MIKA issues a detention order for a duration of more than 30 days or orders an extension of detention.

3. The compensation for the official legal representative is governed by the provisions of the Decree on Lawyer Compensation (Lawyer Tariff) of November 10, 1987, concerning fees in administrative matters. It can be reclaimed in whole or in part from the affected person, if they are in favorable financial circumstances and the deprivation of liberty is found to be lawful.

1. First-instance proceedings concerning coercive measures, including detention reviews, are free of charge.

1. The canton provides financial contributions for measures to integrate foreign nationals in the course of fulfilling its responsibilities.

2. The government council may establish a commission to advise on migration policy issues.

3. The prerequisites and procedures for the allocation of contributions, as well as the organization and responsibilities of the migration commission, are governed by regulation.

1. Foreign nationals are obliged to acquire the German language skills necessary for work and education as well as for interactions with society and authorities, and to familiarize themselves with the social conditions and living conditions in Switzerland.

2. In exercising discretion, authorities consider the level of integration of foreign nationals. The granting and extension of a residence permit may be linked to the condition, within the framework of superior law, that a language and/or integration course is successfully completed. This also applies to permits within the framework of family reunification.

3. The specifics of course attendance are regulated in an integration agreement. Participants bear the course costs according to their economic capacity.

1. This law shall be published in the legislative collection after the unused expiration of the referendum period or upon acceptance by the populace. The governing council shall determine the date of its entry into force.