Cantonal Act on Coercive Measures under Foreign Nationals Law - Scope

1. This law regulates the implementation of federal legislation concerning compulsory measures in immigration law (federal legislation).

1. The Office for Migration, Integration, and Citizenship is the competent cantonal authority according to federal legislation.

1. The Presidency of the Constitutional and Administrative Law Division of the Cantonal Court is the competent cantonal judicial authority within the meaning of federal legislation.

2. The Presidency may also delegate this function to other members of the division as well as to those court clerks of the Cantonal Court who have been elected by the Cantonal Parliament as single judges for coercive measures in immigration law.

1. If there is a ground for detention according to federal legislation, the Office for Migration, Integration, and Citizenship can authorize the Basel-Landschaft Police to provisionally arrest the concerned individual and bring them to the Office for Migration, Integration, and Citizenship for questioning.

2. If the individual to be provisionally arrested is already at the Office for Migration, Integration, and Citizenship, they may be detained there by the Office until the arrival of the police.

3. Following the questioning of the provisionally arrested individual, the Office for Migration, Integration, and Citizenship will order preparatory or deportation detention in the form of a detention warrant.

4. The detention warrant shall contain

a. the name and, if possible, the residence or location of the individual to be arrested;

b. the grounds for detention;

c. a detailed justification for the arrest;

d. the rights of the detained individual, particularly the right to legal assistance.

5. The Office for Migration, Integration, and Citizenship may order identification measures against the concerned individual in accordance with the requirements of the Police Act.

1. The Office for Migration, Integration and Citizenship ensures that a person designated by the arrested individual is immediately notified in Switzerland.

1. The Presidency of the Constitutional and Administrative Law Division of the Cantonal Court reviews the detention order.

2. The records of the Office for Migration, Integration, and Citizenship serve as the basis for the review of the detention order.

3. If the Presidency concludes that the conditions for detention are not met, it shall immediately order the release of the detained person.

1. If the conditions for deportation detention continue to be met after a maximum period of 3 months, the President of the Constitutional and Administrative Law Division of the Cantonal Court shall decide on an extension upon the request of the Office for Migration, Integration, and Citizenship.

2. The request from the Office for Migration, Integration, and Citizenship must be submitted to the President at least 4 working days before the approved detention expires.

1. The detained person may submit requests for release from detention to the Presidency of the Constitutional and Administrative Law Division of the Cantonal Court in accordance with the provisions of federal legislation.

1. Insofar as linguistic comprehension requires, the competent authority shall enlist a translator.

2. The presidency of the Constitutional and Administrative Law Division of the Cantonal Court conducts an oral hearing prior to any decision, in the presence of the detained person, any legal representative, and a representative of the Office for Migration, Integration, and Citizenship.

3. The decision of the presidency is final, subject to the remedies of the federal authorities.

1. The Presidency of the Constitutional and Administrative Law Division of the Cantonal Court shall appoint legal counsel ex officio, insofar as it is necessary to protect the rights of the affected person.

2. If the involved party lacks the necessary financial means, no costs shall be charged for the proceedings before the Presidency of the Constitutional and Administrative Law Division of the Cantonal Court, and legal counsel shall be provided to the concerned party free of charge.

3. If a legal counsel does not hold a lawyer's license, they may be awarded a remuneration for expenses.

1. The dignity of the detained person must be respected during the execution of preparatory and deportation detention.

2. Their personal rights may only be restricted to the extent necessary for the purpose of the detention and the maintenance of the operation of the detention facility.

3. Persons in preparatory and deportation detention are subject to a less restrictive detention regime than those in pre-trial detention or serving a prison sentence.

1. The incarcerated person may, within the framework of the institution's regulations, particularly

a. receive visits without supervision;

b. make telephone calls without supervision;

c. receive and send letters without restriction;

d. maintain social contacts with other inmates under the same detention regime.

2. The incarcerated person is not obligated to work.

1. The detained person may file a complaint with the government council against actions of the enforcement authorities within 10 days.

2. The filing of the complaint and the complaint period do not have a suspensive effect.

3. The provisions of the Administrative Procedure Act apply mutatis mutandis.

1. As long as the conditions of the federal legislation are met, the Office for Migration, Integration, and Citizenship may order the inclusion or exclusion of a foreign person.

2. The foreign person may appeal the order of the Office for Migration, Integration, and Citizenship within 10 days to the Presidency of the Constitutional and Administrative Law Division of the Cantonal Court.

3. § 10 paragraphs 1 and 3 as well as § 11 of this law also apply to the procedure for inclusion and exclusion.

4. The decision of the Presidency of the Constitutional and Administrative Law Division of the Cantonal Court is final, subject to the legal remedies of the federal government.

1. The search of a foreign person and their belongings during an expulsion or deportation procedure is carried out by the Basel-Landschaft Police on behalf of the Office for Migration, Integration, and Citizenship. The Office for Migration, Integration, and Citizenship can conduct the search of belongings itself if this measure appears necessary for the protection of its employees.

2. The time limit for filing an appeal and the submission of an appeal do not have a suspensive effect.

3. The Presidency of the Constitutional and Administrative Law Division of the Cantonal Court may commission the Basel-Landschaft Police to search a residence or other premises.

4. The search order issued by the Presidency is final, subject to federal legal remedies.

1. The Ordinance to the Federal Act on Coercive Measures in the Law on Foreign Nationals of June 13, 1995, is repealed.

1. The government council enacts the commencement of this law.