Act on the Enforcement of Coercive Measures under Foreigners Law - Migration Authority

1. The Migration Authority is the competent cantonal authority for enforcement measures in immigration law as provided for by federal law.

1. A single judge at the Court of Appeals as an Administrative Court is the competent cantonal judicial authority provided for in the federal law.

2. The Court of Appeals, as a collective authority, elects the necessary single judges for its own term of office.

3. The decisions of the judicial authority are final, subject to appeal in public law matters to the Federal Court.

1. The foreign person may retain legal counsel.

2. The granting of free legal assistance is decided by the judicial authority.

3. In the case of minors, legal representation must be ensured in any event.

1. No fees shall be charged for proceedings under this Act.

1. The migration authority interviews the foreign person and, if necessary, orders preparatory, expulsion, or enforcement detention in the form of an official decision.

2. The decision contains the grounds for detention and a notice of the rights of the foreign person.

3. The decision is communicated to the foreign person in a language they can understand.

4. The foreign person can immediately have a person of their choosing, who is in Switzerland, or a recognized aid organization, notified.

5. The migration authority promptly forwards the decision along with the records to the judicial authority.

6. In the case of a short-term detention, the rights according to paragraphs 1 to 4 must be granted, and it must be indicated that the foreign person can request a review of the order by the judicial authority.

1. The judicial authority conducts a hearing in the presence of the detained foreign person in the cases provided for by federal law. Any legal counsel may participate in the hearing. The judicial authority can order that the migration authority be represented at the hearing.

2. The judicial authority reviews the legality of the short-term detention through a written procedure.

1. Detention shall not last longer than absolutely necessary.

2. The immigration authority shall promptly inform other authorities involved in the proceedings about the order of preparatory detention, deportation detention, or enforcement detention.

1. In the ordering of preventive detention, expulsion detention, or enforcement detention for juveniles, the following must be considered

a) The arrest and deprivation of liberty for juveniles should only be imposed as a last resort and after considering all available alternatives. It should only be ordered for the shortest appropriate period.

b) It must be ensured that juveniles who have been deprived of their liberty are granted immediate access to legal counsel or other appropriate assistance.

1. The procedural provisions of Sections 5, 6, and 7 shall apply mutatis mutandis to the extension and conversion of preparatory detention, deportation detention, and enforcement detention.

2. When extending the enforcement detention, the foreign person must be informed during their hearing that they can request an oral hearing in accordance with Section 6, paragraph 1.

3. The migration authority shall submit the application for detention extension or conversion to the judicial authority no later than one week before the expiration of the approved detention period.

1. If the incarcerated person submits a request for release from custody, a hearing is conducted in accordance with § 6 paragraph 1.

1. The migration authority may order the restriction or exclusion as defined in Art. 74 of the Federal Act after hearing the foreign individual.

2. The order shall provide reasons for the imposed measure and inform the foreign individual of their rights, particularly the right of appeal.

3. The order shall be communicated to the foreign individual in a language they can understand.

1. An appeal against the confinement order or the exclusion order can be lodged by the foreign person with the judicial authority within ten days. The appeal must be substantiated simultaneously.

2. The judicial authority may adjudicate the appeal through written proceedings.

1. Preparatory detention, deportation detention, and enforcement detention must be executed separately from pre-trial detention and imprisonment.

2. The personal rights of persons detained under this law may only be restricted to the extent required by the purpose of the detention and the maintenance of the operation of the detention facility.

3. Within the framework of the institution's regulations, the detained person may receive visits, make phone calls, and receive and send mail.

4. The government council shall regulate the details in an ordinance.

1. If juveniles are taken into custody, special consideration must be given to their needs.

**1. The incarcerated person may file an appeal against actions or omissions of the enforcement authorities with the competent department within ten days.**

1. This law shall be published. It is subject to a referendum and shall become effective immediately upon entering into legal force.

2. At the same time, the Introductory Law to the Federal Act on Coercive Measures in Foreign Nationals Law of November 20, 1996, shall be repealed.