1 Foundations and Organization, Public Charges » 11 Citizenship, Niederlassung, **Residence » 111 Establishment**, Aufenthalt (MIGG)

Purpose

This Act governs the performance of cantonal and communal duties in the field of

foreigners and asylum matters, to the extent that these are not regulated by federal law.

II. Competencies

1. Canton

a) Government Council

1 The Government Council exercises supreme supervision over the enforcement of the

foreigner and asylum legislation in the canton.

2 It fulfills the tasks assigned to it by legislation and, for the rest, regulates the

competencies and procedures for enforcement, to the extent that this law contains

no provisions.

3 It appoints a commission to advise it and the administration on integration matters.

b) Department

1 The Department designated by the Government Council supervises, on behalf of the Government Council, the enforcement of the Aliens and Asylum Act by authorities, agencies, and third parties.

2 It fulfills the tasks assigned to it by legislation and promotes cooperation between departments, agencies, municipalities, and with third parties.

3 It decides on the granting of residence permits in cases of hardship (Art. 30 para. 1 lit. b and Art. 84 para. 5 AuG; Art. 14 para. 2 AsylG).

c) Office

1 The competent office executes the foreign nationals and asylum legislation and takes all

necessary measures and decisions that are not expressly assigned to another

authority or agency.

2 In particular, it grants, refuses, or revokes permits in accordance with

federal law and is moreover responsible for ordering expulsions as well as

removal, prohibition from entering, and coercive measures.

3 As a coordination body for asylum matters, it is responsible for the distribution of

assigned persons to the municipalities and for communication with the Confederation.

d) Contact Point for Integration Matters

The Cantonal Government designates a contact point for integration matters, which coordinates the cantonal integration measures.

e) Labour Market Authority

1 The cantonal labour market authority issues the preliminary decisions required

for an immigration law permit (Art. 40 para. 2 AuG).

2 It grants work permits in accordance with the Asylum Act (Art. 43, 61

and 75 Asylum Act).

f) Judicial Authority

1 If federal law provides for judicial review of a coercive measure or consent to a

coercive measure, the single judge of the Coercive Measures Court shall act as the

cantonal judicial authority.

2 For the order of searches of homes and premises after a first-instance decision (Art. 70

para. 2 AuG), the public prosecutor's office is competent.

2. Municipalities

The municipalities fulfill the tasks assigned to them by legislation,

in particular

a) they receive applications for the regulation of residence as well as registrations and de-registrations of foreign nationals;

b) they ensure the integration of the foreign population in cooperation with the canton and suitable bodies;

c) they guarantee social assistance to persons who are domiciled in the municipality on the basis of the Aliens Act or Asylum Act, insofar as the canton does not bear the costs thereof.

3. Third Parties

To fulfill their duties, the Canton and the municipalities may enter into agreements with each other or transfer these duties to suitable public-law corporations or private entities.

III. Establishment and Termination of Residence

1. Registration and Deregistration

1 Foreign nationals who intend to stay in Switzerland for more than three months must submit an application to the Residents' Registration Office (Einwohneramt) of the municipality to regulate their stay.

2 Foreign nationals who move to another municipality, another canton, or abroad must deregister with the Residents' Registration Office of the municipality (Art. 12–15 AuG).

3 The Residents' Registration Offices of the municipalities forward applications for stay as well as registrations and deregistrations to the competent cantonal office.

2. Accommodation in a Cantonal Transit Center

1 The canton operates at least one cantonal transit center for individuals assigned

to it by the federal government.

2 The costs of operation are borne by the canton.

3. Distribution of Assigned Persons

a) Distribution Key

1 After their stay in a cantonal transit center, the persons assigned by the Confederation are allocated to a municipality according to the intra-cantonal distribution key.

2 The Government Council determines the intra-cantonal distribution key, and the competent office allocates the respective persons to the municipalities.

3 The assigned persons establish residence in the respective municipality.

b) Substitute Performance

1 If a municipality does not take over the asylum seekers assigned to it within the

deadline, the competent department shall order substitute performance by the canton

at the expense of the obligor municipality.

2 If the canton has to take over assigned persons from an obligor municipality,

the federal compensation will be withheld and an additional substitute levy will be

collected from the obligor municipality, which will be progressively structured

according to the number and duration of stay of the assigned persons.

3 The Government Council regulates the details.

4. Exclusion from social assistance and asylum structures

Persons whose asylum application was not processed or whose removal was ordered

are excluded from social assistance and asylum structures (Art. 82

paras. 1–4 and Art. 83a AsylG).

IV. Integration

1. Information

1 The cantonal authorities inform the public about migration policy and the situation of the foreign population in the canton.

2 The municipalities inform foreign nationals about life in Switzerland, their rights and obligations, and the various integration services (Art. 56 AuG).

3 The competent cantonal body provides municipalities with information resources.

2. Integration Services

a) General

1 The Canton and the communes promote the integration of foreign nationals by supporting projects within the meaning of Art. 53 AuG with contributions or by realizing them themselves.

2 The Government Council is responsible for concluding program agreements with the Confederation.

b) for specific groups

1 The canton organizes education and employment programs for asylum seekers.

2 In consultation with the cantonal labor market authority, the competent body offers programs for the promotion of professional integration for provisionally admitted persons and refugees.

3 The canton finances these programs.

3. Consideration of Integration in Decisions

1 The competent authority shall, in its decisions, take into account the degree of

integration (Art. 54 AuG).

2 It may conclude integration agreements with individuals.

V. Social Assistance

1. Principle

1 For social assistance for persons residing in Switzerland based on immigration or asylum law, the respective municipality of residence is responsible.

2 Personal and economic assistance is governed by cantonal social assistance legislation.

2. Exceptions

a) Stay in the Cantonal Transit Center

1 During the stay in a cantonal transit center until allocation to a municipality, the canton is responsible for social assistance.

2 The Government Council regulates the entitlement to and scope of personal and economic assistance.

b) Asylum seekers and provisionally admitted persons in the municipalities

1 As soon as asylum seekers and provisionally admitted persons are assigned to a municipality, the municipality of residence is responsible for social assistance.

2 The Government Council shall issue special provisions concerning the type and extent of social assistance to asylum seekers and provisionally admitted persons, which may deviate from the cantonal legislation on social assistance.

c) Asylum Seekers with Non-Admission or Removal Decisions

1 The Canton is responsible for emergency assistance to persons excluded from social welfare and asylum structures.

2 The competent authority shall establish the necessary provisions for this purpose.

d) Persons with a legally binding cantonal expulsion

1 Persons with a legally binding cantonal expulsion are entitled to emergency

assistance. Further claims according to superordinate law remain reserved.

2 Otherwise, Sections 19 et seq. apply mutatis mutandis.

3. Financing

1 The Canton bears the costs arising in connection with the initial accommodation of indigent persons in a transit centre, as well as for emergency assistance.

2 The municipalities finance the care, support, and accommodation of indigent persons residing in the municipality who are staying in Switzerland based on immigration or asylum law.

4. Contributions to Municipalities

1 Municipalities receive flat-rate contributions towards social assistance costs for

persons assigned to them.

2 Flat rates are only paid for those persons who are also considered by the Confederation

when calculating the global flat rates.

3 The Government Council determines the prerequisites and the basis for calculating

the flat rates.

VI. Procedure and Legal Protection

1. Procedure

1 The procedure for the issuance of orders and decisions is governed by the Administrative Justice Act, subject to federal law.

2 The Government Council may issue further procedural rules, which regulate in particular the procedural workflows and procedural guarantees, as well as the conditions of detention in the case of coercive measures.

2. Judicial Review

1 The Compulsory Measures Court, acting through a single judge, decides on the ordering and extension of compulsory measures in accordance with federal law.

2 If federal law does not specify a deadline for an appeal or a request, submissions must be made within 20 days, stating the motion and its grounds.

3 Orders and decisions of the Compulsory Measures Court concerning compulsory measures are free of charge.

4 Against the decision of the Compulsory Measures Court, an appeal may be filed with the Administrative Court within 20 days, in accordance with the Administrative Justice Act.

3. Appeals Procedure

Orders and decisions of cantonal offices and the Department may be challenged,

in accordance with the Administrative Justice Act, within 20 days by lodging an appeal

with the Government Council, unless a judicial authority is explicitly competent.

4. Fees

1 The Canton levies fees for dispositions and official acts.

2 The Government Council determines the amount of the fees, taking into account the maximum limits under federal law.

3 It determines the share accruing to the municipalities.

5. Data Protection

1 Subject to federal law, cantonal data protection provisions apply.

2 In particular, the competent office and the appeal bodies are authorized, in the performance of their duties, to obtain information from the competent federal, cantonal, and communal authorities regarding

a) previous convictions and pending criminal proceedings,

b) the past and current receipt of economic assistance,

c) debt enforcement proceedings and outstanding payments,

d) tax assessments and outstanding taxes.

3 The requested authorities are authorized and obliged to provide the information to the competent office.

6. Applicability of the Judiciary Act

1 The provisions concerning the rights and obligations of the detained person,

compulsory medical measures, and hunger strikes according to §§ 122 et seq. JG

also apply to the execution of deprivations of liberty based on the Federal Act on

Foreign Nationals and the Asylum Act.

2 The following can be challenged by appeal before the Administrative Court

a) Decisions according to § 122 JG within 20 days;

b) Decisions according to §§ 122a para. 2 lit. a and b JG or 122c JG within

10 days.

3 In the cases of para. 2 lit. b, the appeal does not have a suspensive effect. The

appellate body may grant suspensive effect upon request.

VII. Final Provisions

Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, included in the Collection of Laws.

3 It shall enter into force on 1 January 2009.13

1 GS 22-8 with amendments of 17 December 2008 (Resident Registration System, GS 22-54c), of

18 November 2009 (Justice Ordinance, GS 22-82k), of 25 September 2013 (Cantonal Council Adaptation

to new Cantonal Constitution, GS 23-80y), of 17 December 2013 (Government Council Adaptation to new Cantonal

Constitution, GS 23-97), of 25 October 2017 (Cantonal Council Updating of Justice Legislation and

Optimization of the Organization of Prosecution Authorities, GS 25-9c) and of 14 March 2018

(Cantonal Council Transfer of Tasks of Prosecution and Enforcement of Sentences to the Canton, GS

25-24b).

2 Adopted in the popular vote of 28 September 2008 with 20,412 Yes votes against 9,798

No votes (Official Gazette 2008 2035).

3 SR 142.20.

4 SR 142.31.

5 Para. 1 as amended on 18 November 2009, Para. 2 as amended on 14 March 2018.

6 Paras. 1, 2 and 3 as amended on 17 December 2008.

7 Social Welfare Act of 18 May 1983, SRSZ 380.100; Implementing Ordinance to the

Social Welfare Act of 30 October 1984, SRSZ 380.111.

8 Newly inserted on 25 October 2017.

9 Paras. 1, 3 and 4 (new) as amended on 18 November 2009.

10 Newly inserted on 25 October 2017.

11 SRSZ 231.110.

12 Heading, Paras. 1 and 2 as amended on 17 December 2013.

13 Official Gazette 2008 1096; amendments of 17 December 2008 entered into force on 1 January 2009 (Official Gazette 2009 307), of

18 November 2009 on 1 January 2011 (Official Gazette 2010 1508), of 25 September 2013 on 1 January

2014 (Official Gazette 2013 2851), of 17 December 2013 on 1 January 2014 (Official Gazette 2013 2974), of 25 October

2017 on 1 February 2018 (Official Gazette 2018 83) and of 14 March 2018 on 1 January 2021 (Official Gazette

2020 1251).