Kanton Glarus

1 This Law governs the powers and implementation of the Federal Act on Foreign Nationals (Foreign Nationals Act, AuG), the Asylum Act (AsylG), and the ordinances enacted thereunder. Deviating cantonal law remains reserved.

2. Competencies and Powers

Competent Department

1 The departments designated by the Cantonal Government shall supervise the enforcement of the Foreign Nationals and Integration Act and the Asylum Act.

Migrationsbehörde

**Migration Authority**

1 The Government Council designates the competent cantonal authority within the meaning

of Article 98 paragraph 3 of the Foreign Nationals and Integration Act (AuG). It carries out the tasks under foreign law

arising from the enforcement of federal legislation and state treaties

on entry (including the issuance and extension of visas), residence,

settlement, deportation, and expulsion, as well as asylum for the

Canton of Glarus, insofar as they are not delegated to another cantonal authority.

It designates the detention facility when ordering coercive measures under foreign law.

2 The competent cantonal authority cooperates with the competent cantonal

labor market authority and other authorities in the processing of applications

from foreign nationals.

3 On behalf of the Canton, it submits applications for the provisional admission of foreign nationals

(Art. 83 para. 6 AuG) and for the granting of hardship permits (Art. 84 para. 5 AuG, Art. 14 para. 2 f. Asylum Act (AsylG)).

SBE X/7 474

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Canton Police

1 The Canton Police, on behalf of the migration authority and the President of

the Administrative Court, carries out the necessary arrests in connection with

aliens law removals, expulsions, and coercive measures. In urgent cases

and in accordance with the directives of the cantonal migration authority, it

may itself order short-term detention (Art. 73 AuG).

2 It supports the migration authority within the framework of enforcement

support and administrative assistance in the performance of its duties,

particularly in carrying out controls and deportations.

3 It informs the migration authority of all observations that could contravene

aliens law provisions.

4 It is the recipient of reports from commercial accommodation providers

(Art. 16 AuG).

Cantonal Criminal Authorities

1 In accordance with the relevant provisions of federal law, the cantonal criminal authorities shall inform the migration authority, in particular, about legally binding penal orders and criminal judgments against foreign persons.

President of the Administrative Court

1 The President of the Administrative Court is the competent judicial authority

within the meaning of the Foreign Nationals Act. In particular, he reviews the legality

of short-term detention (Art. 73 para. 5 FNA) as well as the ordering

of preparatory, deportation, and enforcement detention (Art. 78 para. 4,

80 para. 2 FNA). He decides on consent to the extension of

deportation and enforcement detention (Art. 76 para. 3, 78 para. 2 FNA), on

requests for release from detention (Art. 80 para. 5 FNA) and on the ordering of a

house search (Art. 70 para. 2 FNA).

2 He also decides on appeals concerning confinement and exclusion (Art. 74 para. 3 FNA)

as well as on appeals against detention orders of less than 96 hours (detention appeals). The appeal period is

ten days.

Population Controls of the Municipalities

1 The population control offices assist in the enforcement of foreign nationals' law provisions, particularly by means of case-by-case statements on applications for entry, residence, or settlement.

2 They continuously report all changes in status to the migration authority and the federal central information system on foreign nationals.

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3 They support the migration authority through investigations or controls and report to it any infringements of foreign nationals' law provisions.

Labor Market Authority

1 The Government Council designates the cantonal labor market authority.

2 The competent labor market authority makes the decisions provided for in federal law, particularly concerning work permits and the allocation of quotas. It informs the migration authority about its decisions.

Integration of Foreign Persons

1 The Cantonal Council designates a specialized agency for integration.

2 Foreign persons shall reasonably contribute to the costs of individual integration measures.

Care for Individuals in Asylum Procedures

1 The responsibilities and entitlements in the area of care and support for foreign nationals in asylum procedures are governed by cantonal social assistance law¹).

3. Procedural Provisions

Applications, Deregistration

1 Applications for the issuance of a residence permit and deregistration of foreign nationals are generally to be submitted to the Residents' Registration Office of the local municipality for the attention of the Migration Authority.

1. Registration System

2 The employer must promptly notify the migration authority if a foreign person, who was admitted under a quota, does not enter the country or waives their position.

Applicable Procedural Law

1 Subject to federal law and the following provisions, the procedure is

governed by the Administrative Justice Act²).

1) GS VIII E/21

2) GS III G/1

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2 The migration authority shall consider the opinions and decisions of the

competent labour market authority in its decisions and may, in particular for

applications for family reunification and for invitation requests, obtain further

relevant information from other authorities as needed, provided that these

authorities are not subject to a reporting obligation under the relevant provisions

of federal law.

Coercive Measures

1 The order of coercive measures within the meaning of Articles 73 et seq. of the Foreign Nationals and Integration Act (FNIA) is made by the migration authority by means of a written and reasoned decision.

Fees

¹ The migration authority levies fees in accordance with the Fee Ordinance

to the Foreign Nationals and Integration Act, the cantonal ordinance on the EG to the AuG,

and in accordance with the Cost Ordinance in Administrative Procedure.

²

³ Lawfully collected fees will not be reimbursed, even

if a permit is not used, the duration of stay is shortened, or the permit is revoked or withdrawn.

⁴ The migration authority may demand security from foreign nationals without recognized and valid

national identification documents for all public law claims and for

the fulfillment of imposed conditions.

Legal Protection

1 Subject to federal law, legal protection is governed by the Administrative Justice Act.

2 Against coercive measures, legal protection is governed by Article 6 of this Act.

4. Final Provisions

1. Die nachstehenden Gesetze werden wie folgt geändert:[[3]](#paragraphtext_content_fn_187519_2_3_c)

1. Dieses Gesetz tritt auf den 1. Juli 2008 in Kraft, mit Ausnahme der Artikel 6 und 16, deren Inkraftsetzung auf den 1. Januar 2009 erfolgt.

2. Das Vollziehungsgesetz vom 7. Mai 1995 zum Bundesgesetz über Aufenthalt und Niederlassung wird auf den 1. Juli 2008 aufgehoben, mit Ausnahme der Artikel 6, 12 und 13, deren Aufhebung auf den 1. Januar 2009 erfolgt.

3. Für im Zeitpunkt des Inkrafttretens beim Regierungsrat anhängig gemachte Verfahren bleibt dieser weiterhin zuständig.