Act implementing the Federal Act on Foreign Nationals (LALEI) - Subject Matter (AGAIG)

1. This Act designates the competent authorities in the field of immigration law and regulates the procedure for coercive measures.

2. The integration of foreigners is regulated by a special Act.

1. The State Council issues the necessary implementing provisions for the Federal Act on Foreign Nationals and Integration and for the related implementing ordinances.

2. It determines the location and conditions of detention for coercive measures; the relevant inter-cantonal agreements remain reserved.

3. It sets the tariff for cantonal fees and charges.

4. It may establish a cantonal office for return and reintegration assistance.

1. For the fulfillment of its duties, the directorate responsible for the Alien Police and foreign workforce (the Directorate) has a specialized office (the Office).

2. The Office exercises all powers provided for in the relevant federal legislation under the supervision of the Directorate.

3. Reserved are the special tasks and responsibilities allocated to another authority, particularly in the areas of integration of migrants, return and reintegration assistance, and coercive measures.

1. In the area of coercive measures, the Coercive Measures Court has the following competencies

a) He or she reviews the legality and appropriateness of detention.

b) He or she reviews the legality of short-term detention retrospectively.

c) He or she decides on the extension of deportation detention or enforcement detention.

d) He or she decides on applications for release from detention.

e) He or she reviews appeals against the prohibition of leaving an assigned area and against the prohibition of entering a specific area.

f) He or she orders the search of a dwelling or other premises.

2 ...

1. Subject to federal legislation, the procedure for the application of coercive measures in immigration law is governed by the provisions of the Administrative Procedure Act.

2. An indigent person in detention shall, however, be assigned a defense attorney immediately upon request. Furthermore, if a detained person has not yet been assigned legal counsel, a defense attorney shall be appointed ex officio after thirty days of detention.

1. The rights of individuals who are detained under coercive measures in the law on foreigners may only be restricted to the extent necessary for the purpose of detention and the orderly operation of the facility.

1. Decisions made in application of this law may be appealed according to the Administrative Procedure Act.

2. However, appeals against the decisions of the Office must be directed directly to the Cantonal Court.

1. Violations are prosecuted and adjudicated according to the Judicial Law. The regulatory fine legislation of the Canton and the Confederation remains reserved.

1. The Implementing Act of 17 November 1933 to the Federal Act of 26 March 1931 on Residence and Establishment of Foreigners (SGF 114.22.1) is repealed.

1. The State Council determines the enactment of this law.

2. This law is subject to a legislative referendum. It is not subject to a financial referendum.