Implementing Ordinance to the Federal Act on Foreign Nationals and Integration and to the Asylum Act (Ordinance on Foreign Nationals Law) - Registration and Deregistration

1. Foreign persons must register and deregister in accordance with the provisions of the Residents' Registration Ordinance.

2. The government council regulates in implementing provisions the compensation of municipalities for maintaining the residents' register concerning foreign persons.

1. The Migration Department seeks a statement from the competent municipal authorities for applications for family reunification, for which there is no statutory entitlement, and invitations, provided the conditions for the stay are not clearly met.

1. The Migration Department obtains a statement from the cantonal social welfare office regarding the financial independence and integration status of the applicants in cases of hardship requests in the asylum area.

1. Social assistance or emergency relief benefits are granted pursuant to Article 86 of the Federal Act on Foreign Nationals and Integration (AuG) and Article 80 et seq. of the Asylum Act (AsylG).

2. The Executive Council shall issue implementing provisions regarding economic social assistance for persons listed in Article 22, paragraph 1, letter a of this Ordinance. These may deviate from the guidelines of the Swiss Conference for Social Assistance (SKOS).

1. The social assistance costs not covered by the Confederation for persons listed in Art. 22 para. 1 letter a of this ordinance shall be borne by the canton.

2. The social assistance costs not covered by the Confederation for persons listed in Art. 22 para. 1 letter b of this ordinance shall be borne equally by the canton and the municipal communities. The distribution of costs for the fiscal year among the municipal communities is based on the resident population as recorded in the population register as of December 31 of the previous year.

3. The municipal communities shall bear the social assistance costs for refugees and provisionally admitted persons outside the competence of the Confederation. They shall bear the emergency assistance costs for persons with non-admission decisions and for asylum seekers whose applications have been definitively rejected, in accordance with Art. 5 et seq. of the Social Assistance Act.

4. For the appropriate contribution to the integration costs in accordance with Art. 91 para. 4 AsylG, the canton is responsible for persons listed in Art. 22 para. 1 of this ordinance. For costs for refugees and provisionally admitted persons outside the competence of the Confederation, the municipal communities are responsible.

1. Unless federal and cantonal law or this ordinance specify otherwise, the provisions of the Social Assistance Act apply to asylum seekers, temporarily admitted persons, and refugees in the area of social assistance.

1. The Migration Department issues the order for short-term detention, entry and exit restrictions, preparatory and deportation detention, as well as enforcement detention (Art. 72 et seq. of the Foreign Nationals and Integration Act).

2. It orders this measure only when milder actions are insufficient. Its duration must be limited to the necessary minimum.

3. The detention order includes the grounds for detention and provides information on the rights of the detained person. It is communicated to the detained person verbally in a language they understand and in writing in German.

1. The Migration Department shall, if necessary, with the assistance of an interpreter

a. Inform the detained person of the reasons for the detention;

b. Listen to the detained person regarding the reasons for the detention;

c. Explain the rights to which they are entitled, particularly the right to access files and the right to consult legal counsel;

d. Inform them about the judicial review of detention;

e. Inquire whether a person or organization in Switzerland should be notified of the detention;

f. Ask about personal and family circumstances;

g. Inform them about the conditions of the detention.

2. The Migration Department shall keep a record of the orientation and questioning.

1. The Migration Department immediately reports the ordered coercive measure to the competent federal authorities.

2. The Migration Department immediately transfers the detention records to the Cantonal Court Presidency and notifies the prison administration of the admission to Sarnen prison.

3. It informs the person or organization designated according to Art. 8 para. 1 lit. e of this ordinance.

1. The Presidency of the Cantonal Court determines the date for the oral hearing, ensures the summons, and arranges for an interpreter to be made available.

2. The Migration Department is to be summoned for the oral hearing.

3. The Presidency of the Cantonal Court grants access to the files upon request, which must be indicated in the summons.

1. To the extent required by federal law, an oral hearing must be conducted.

2. The detained person and a representative of the Migration Department must participate in the hearing.

3. Any potential legal representative may participate in the hearing.

4. A record of the hearing must be kept by the Presidency of the Cantonal Court.

1. The presiding judge of the cantonal court decides on the basis of the records and the submissions. It may order supplementary evidence measures.

1. The Presidency of the Cantonal Court usually decides immediately after the oral hearing.

2. The decision is, if possible, communicated orally to the detained person and subsequently delivered in writing with reasons. The prison administration is served with the operative part of the decision and any details of special detention conditions.

3. If the detention is confirmed, the decision must draw attention to the right to submit an application for release from detention.

1. If the Migration Department intends to extend a detention under immigration law, it shall interview the detained person and prepare a protocol of the interview. The application for consent to the extension of detention, along with the interview protocol, must be submitted to the Cantonal Court Presidency no later than four working days before the expiration of the already approved detention.

2. The provisions of Art. 10 et seq. of this ordinance shall apply mutatis mutandis.

1. Detention is to be executed in suitable premises and in accordance with the prison regulations applicable to detention. The co-detention with individuals in pre-trial custody or serving a sentence is to be avoided (Art. 81 para. 2 AuG).

2. Detention under immigration law may only be executed in Sarnen Prison for a short period of time (Facilities and Execution Regime as of 2006). If the detention lasts longer than ten days, it should generally only be executed in facilities exclusively serving the purpose of immigration detention. Otherwise, release from detention must be ordered.

3. Exceptionally, the Presidium of the Cantonal Court may extend the detention period by a maximum of one week, particularly if

a. deportation is executed within a week;

b. entry or exit restriction is being prepared;

c. the detained person is not fit for transport;

d. the detained person is to begin serving a custodial sentence or measure within a week;

e. the detained person is placed in pre-trial or security detention within a week;

f. the detained person is subjected to a disciplinary punishment.

4. With the written consent of the detained person to the Presidium of the Cantonal Court, longer exceptions are possible.

5. The personal rights of the detained person may only be restricted as far as justified by the purpose of detention and the operation of the detention facility. Detainees can communicate orally and in writing without restriction with their legal counsel, receive visits within the framework of the prison regulations, and correspond with relatives and significant others.

6. Special consideration is to be given to the needs of detained juveniles.

7. The Migration Department decides on the modalities of detention, such as accommodation, visits, medical care, employment, etc., within the framework of the prison regulations.

1. If the Migration Department does not release the detained person in response to an application for release from detention, it shall immediately forward the application to the Cantonal Court Presidency for further proceedings in accordance with Art. 10 et seq. of this Ordinance.

2. The Migration Department may participate in the oral hearing before the Cantonal Court Presidency and submit motions.

3. In the case of a negative decision, the detained person shall be informed of the possibility of submitting another application for release from detention in accordance with Art. 80 para. 5 AuG.

4. For further applications for release from detention, the procedure shall be applied mutatis mutandis.

1. The Migration Department orders the search of persons and items according to Art. 70 para. 1 of the AuG (Foreign Nationals and Integration Act).

1. The Presidency of the Cantonal Court orders, upon a substantiated request from the Migration Department, the search of apartments and other premises pursuant to Art. 70 para. 2 of the Federal Act on Foreign Nationals and Integration (AuG).

2. The Cantonal Police conduct the searches. The provisions of the Code of Criminal Procedure apply mutatis mutandis.

1. Appeals against orders issued by the Migration Department concerning entry and exit restrictions, as well as decisions by the Cantonal Court Presidency regarding preparatory detention, expulsion detention, or enforcement detention, can be filed with the Higher Court in writing and with reasons within ten days.

2. The appeal does not have a suspensive effect.

3. The Higher Court decides based on the records. It may order an oral hearing.

4. The decision must be issued in writing.

1. The detained person may consult legal counsel.

2. The decision on the granting of free legal counsel is made by the competent court presidency.

1. Insofar as federal or cantonal law or this ordinance do not provide otherwise, the provisions of the Criminal Procedure Code shall apply mutatis mutandis to coercive measures.

1. The Government Council ensures the necessary structures for the accommodation and care of assigned

a. Asylum seekers, persons in need of protection without a residence permit, and provisionally admitted persons under federal responsibility;

b. Recognized refugees under federal responsibility (ID B and F) as well as persons in need of protection with a residence permit.

2. The Government Council

a. may regulate the execution of integration tasks in implementing provisions;

b. issues a tariff for labor market fees;

c. issues implementing provisions on economic social assistance in accordance with Art. 4 para. 2 of this regulation;

d. may conclude contracts with third parties for the accommodation and care of the persons mentioned in para. 1.

1. The Department of Security and Social Affairs is responsible for providing social assistance to asylum seekers and temporarily admitted persons in accordance with Article 22 paragraph 1 letters a and b of this ordinance.

2. The Department of Security and Social Affairs ensures the provision or procurement of the necessary facilities for the enforcement of coercive measures according to Article 15 et seq. of this ordinance (Article 81 paragraph 2 of the Foreign Nationals Act).

1. The Social Welfare Office is responsible for the coordination of assignment to the municipalities, care, support, and integration of the persons mentioned in Art. 22 para. 1 of this regulation.

2. The Social Welfare Office

a. serves as the coordination point for third parties assigned tasks and can issue them instructions;

b. manages communication with federal agencies within its area of responsibility;

c. ensures the assignment of a trusted person to unaccompanied minor asylum seekers (Art. 17 Asylum Act).

1. The Cantonal Police conducts investigations and searches on behalf of the Migration Department or the Public Prosecutor's Office pursuant to Article 70 paragraphs 1 and 2 of the AuG (Federal Act on Foreign Nationals and Integration) and Article 9 paragraphs 1 and 2 of the AsylG (Asylum Act).

2. The Cantonal Police

a. executes the arrests, presentations, and deportations ordered by the Migration Department;

b. can be involved by the Migration Department for security purposes and for support in detention procedures.

1. The Public Prosecutor's Office reports to the Migration Department, based on Art. 97 of the Foreign Nationals and Integration Act (AuG), the initiation of criminal investigations, arrests, as well as individuals who are unlawfully residing in Switzerland.

1. The Migration Department enforces the Federal Act on Foreign Nationals and the Asylum Act, insofar as no other authority is responsible.

2. ...

1. The Migration Department may exceptionally reduce the fees or waive a fee entirely if the financial circumstances of the affected individuals justify it.

2. Lawfully demanded and paid fees will not be refunded, even if the permit is not used, the duration of stay is shortened, or the permit is revoked or withdrawn.

1. The Migration Department may, in individual cases, disclose personal data to third parties upon request, if they require such data for the fulfillment of legal duties.

2. The Social Department must, in individual cases, disclose to the Migration Department upon request, the personal data it has processed in the course of performing its integration duties.

1. The Cantonal Court Presidency is the judicial authority pursuant to Art. 80 para. 2 et seq. of the AuG.

1. The cantonal criminal authorities shall promptly inform the Migration Department, based on Art. 97 AuG, about legally binding penal orders and criminal judgments regarding misdemeanors and felonies committed by foreign persons residing in the canton.

1. The civil registry offices report civil status changes as well as the birth and death of foreign individuals to the Migration Department.

2. They assist the Migration Department in investigations pursuant to Art. 97 of the Foreign Nationals and Integration Act (FNA) and report any violations of the provisions of the immigration and asylum legislation.

3. In accordance with Art. 53 et seq. FNA, they, along with the federal government, the canton, and/or third parties, contribute to the promotion of the integration of foreign individuals.

4. Within the framework of emergency assistance, they serve as contact points for asylum seekers whose applications have been definitively rejected, as well as within the framework of social assistance for those temporarily admitted individuals and refugees who are no longer under federal jurisdiction.

1. The cantonal and municipal authorities may process or have processed personal data, including particularly sensitive data of foreign nationals as well as of third parties involved in proceedings under this law, to the extent that they require this data to fulfill their legal obligations.

1. Authorities and offices that are no longer competent under new law shall complete the proceedings pending with them. Legal remedies are governed by the new law.

1. A person who intentionally or negligently violates this ordinance or any orders based thereon shall be punished by a fine or imprisonment for up to three years, in particular

a. by failing to comply with the reporting obligation;

b. by failing to provide the necessary identification documents or certificates;

c. by providing false information.

2. Additionally, the provisions of the law on cantonal criminal law[11] shall apply.

**1. Appeals against Orders and Decisions of the Migration Department can be filed with the Government Council within 20 days, unless an appeal to the High Court in accordance with Art. 19 para. 1 of this Regulation is permissible. The appeal must be submitted in writing and must include a petition and a statement of reasons.**

**2. Appeals against orders from contractually appointed third parties must be submitted in writing and with justification to the Department of Security and Social Affairs within 20 days of notification; appeals against orders from the Social Welfare Office must be submitted in writing and with justification to the Government Council within 20 days.**

**3. Appeals do not have a suspensive effect. The appellate body may issue an order to the contrary.**

1. Repealed are

a. the Implementing Ordinance to the Federal Act on the Residence and Permanent Settlement of Foreign Persons dated November 22, 1996;

b. the Implementing Ordinance to the Federal Asylum Act dated January 29, 1988.

1. The Government Council shall determine when this ordinance enters into force.