Introductory Act to the Foreign Nationals and Integration Act and the Asylum Act (Introductory Act to Foreign National Law) - Canton

1. The canton enforces immigration law, subject to the competences of the federal government, insofar as the legislation does not assign enforcement to the municipalities.

1. The municipalities perform the tasks assigned to them by legislation, in particular

1. they ensure in cooperation with the canton and appropriate agencies the integration of their foreign population;

2. they guarantee social assistance to persons residing in the municipality based on foreign or asylum law, insofar as the canton is not responsible for this (Art. 28 and Art. 50 Social Assistance Act).

1. The cantonal contact point for integration matters pursuant to Art. 57 AIG coordinates the municipal and cantonal integration measures, particularly in the areas of education, vocational training, social services, and healthcare.

2. It represents the canton in regional and national expert committees.

1. The Canton Informs

1. * the population about the migration policy and the special situation of the foreign population in the canton;

2. * the asylum seekers assigned to it, individuals in need of protection without a residence permit, refugees, and provisionally admitted persons adequately about life and their rights and duties in Switzerland.

2. The municipalities inform the other foreigners about life in Switzerland, their rights and duties, and about integration offers. The contact point for integration matters supports the municipalities in this regard.

1. The canton and municipalities promote the integration of foreign nationals by supporting or implementing projects in accordance with Art. 53 of the AIG with contributions.

2. The canton promotes projects of cantonal significance. The political municipalities are responsible for integration offerings of communal significance. School communities promote or implement projects in the area of schools. They are supported in this by the contact point for integration issues.

1. The canton provides programs and projects for asylum seekers, persons in need of protection without residence permits, refugees, and provisionally admitted persons to promote their vocational, social, and linguistic integration.

2. The canton bears the costs, insofar as they are not covered by the federal government.

3. The canton ensures that minor school-age asylum seekers receive appropriate schooling. The responsibility for covering costs is determined by the Primary School Act.

1. Personal and Economic Social Assistance is governed by cantonal social assistance legislation as well as by Art. 86 AIG and Art. 80 ff. AsylG.

2. The Government Council issues special regulations, which may deviate from social assistance legislation, concerning the type and extent of

1. economic social assistance to asylum seekers, persons in need of protection without a residence permit, and provisionally admitted persons;

2. emergency assistance to persons who, based on federal law, may only receive emergency assistance or may be excluded from social assistance.

1. The office is the competent authority for enforcement measures.

2. The administrative court, as a single judge, decides

1. as a judicial authority on enforcement measures in immigration law;

2. on the order for the search of a dwelling or other premises pursuant to Art. 70 para. 2 AIA[10].

1. The authority may conduct interviews, hearings, and decision announcements related to coercive measures via videoconference.

2. The interviews, hearings, and decision announcements shall be recorded in audio and video. Additionally, a protocol must be maintained.

3. An oral statement by the person affected by the coercive measure, acknowledging the protocol, replaces the need for signing and initialing. The statement shall be noted in the protocol.

1. The detained person shall be informed in a language they understand, if necessary with the assistance of an interpreter, particularly regarding

1. the reason for their detention;

2. the right to a hearing concerning the reason for detention;

3. the rights to which they are entitled, particularly the authority to consult with legal counsel;

4. the judicial review of detention;

5. whether a person in Switzerland should be notified of their detention;

6. the inquiry into personal and family circumstances;

7. the conditions of the execution of detention.

2. A record shall be kept, which must be signed by the detained person, the person taking the minutes, and the interpreter.

3. The authority shall promptly transmit the detention and procedural records to the single judge for review of the detention.

1. The review of detention is governed by the provisions of Article 80 et seq. AIG.

2. Access to files is granted upon request and is governed by the provisions of the Administrative Procedure Act.

3. The detained person, their possible legal counsel, and the authority shall be given the opportunity to express themselves.

1. The decision shall be made on the basis of the records and submissions; the necessary measures to ascertain the facts shall be taken ex officio.

1. In proceedings with an oral court hearing, the decision must generally be announced to the parties involved immediately after the hearing.

2. The single judge promptly provides the parties involved with a written and reasoned decision.

3. The decision must inform about the right to file a request for release from detention.

**1. Extensions of Detention**

Extensions of detention are governed by the provisions of federal law. Prior to the extension of detention, the office shall hear the detained person. A record of the hearing is to be created.

**2. Filing an Application for Approval**

The office submits the application for approval, along with the hearing record, to the single judge at least four working days before the expiration of the already approved detention. If a judicial review occurs only upon request, the office forwards the documents within four working days from the corresponding request.

**3. Waiver of Participation in Detention Extension Hearing**

Unless it is a written procedure and expulsion is expected to occur within eight days from the detention order, the detained person may waive participation in the hearing regarding the extension of detention. The waiver must be documented in the hearing record.

**4. Application of Provisions**

The provisions of Articles 9-12 apply accordingly.

1. In the execution of preparatory detention, expulsion detention, and enforcement detention, the dignity of the detained person must be respected.

2. The personal rights of the detained person 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. The detention is implemented in accordance with Article 81 of the Federal Act on Foreign Nationals and Integration (AIG).

1. The incarcerated person may, within the framework of the house rules, in particular

1. receive visitors without restrictions;

2. make unlimited phone calls at their own expense;

3. receive and send correspondence without limit;

4. spend time outdoors.

2. They are not obligated to work.

1. The application for release from custody must be submitted to the single judge according to Article 8.

2. The authority may participate in the oral hearing and make motions.

3. Furthermore, Articles 9-12 apply accordingly.

4. If the application is denied, attention must be drawn to the possibility of submitting another application for release from custody.

1. An administrative appeal can be lodged against orders pursuant to Articles 73 et seq. of the AIG, under reservation of the orders.

2. An appeal against orders pursuant to Article 74 of the AIG can be lodged with the single judge for coercive measures within 20 days of receipt of the delivery.

1. Appeals do not have a suspensive effect unless this is granted by the appellate instance or its presidium.

1. The allocation and assessment of the legal costs are governed by the Administrative Procedure Act and the Legal Costs Act.

2. The single judge for coercive measures may determine in the decision that the reimbursement of court and legal aid costs, granted under legal aid, may be waived if the person has left Switzerland.

1. The Government Council issues the implementing provisions necessary for the enforcement of this law.

2. It establishes the fees within the framework of federal legal regulations.

1. The Act of April 24, 1988, on the Introduction of the Swiss Civil Code (Introductory Act to the Civil Code) is amended as follows: ...

1. The Law of March 22, 2000, on the Taxes of the Canton and Municipalities (Tax Law) is amended as follows: ...

1. The Law of January 29, 1997 on Social Assistance (Social Assistance Act) is amended as follows: ...

1. All provisions that conflict with this law are repealed, particularly the Ordinance of September 25, 1996, for the Implementation of the Federal Act on the Residence and Settlement of Foreign Nationals (Foreign Nationals Control Ordinance).

1. This law is subject to the optional referendum.

2. The government council determines the date of entry into force.