Act implementing the Federal Act on Foreign Nationals (LALEtr) - Departments (EGAUG)

1. The Office responsible for Population and Migration (hereinafter: Office) is the competent cantonal authority for the control of foreign persons, for the fulfillment of the tasks assigned to the canton in the field of residence and settlement of foreign persons, as well as for integration and enforcement measures.

2. It exercises all functions related to the Federal Act on Foreign Nationals that are not carried out by the federal authorities or that are not assigned to other authorities by cantonal legislation.

3. The competencies of the Office for Industry, Commerce, and Labor in the area of the labor market remain reserved.

1. The municipalities are responsible for the control of foreigners within their territory.

2. The Council of State defines their tasks by ordinance.

1. The procedure and legal process are governed by the Administrative Procedure and Administrative Jurisdiction Act (VVRG), subject to any differing provisions of the present law.

1. The objectives and principles of integration are laid down in the Federal Act on Foreign Nationals and in the Federal Ordinance on the Integration of Foreign Nationals.

2. Foreign nationals must deal with the society and living conditions in Switzerland, and in particular, those whose stay is lawful and permanent must learn a national language.

3. Integration is a task jointly realized by the Confederation, the Canton, and the municipalities. The Canton is responsible for coordination, notably by means of an integration concept, and takes appropriate measures to promote the integration of the foreign population.

4. The service is the point of contact for the Federal Office for Migration.

5. The municipalities implement measures to promote the integration of the foreign population.

6. Reserved are the areas of responsibility of the service in charge of social welfare in the field of integration for persons temporarily admitted.

1. The canton may provide subsidies for the integration of foreigners.

2. The cantonal subsidies may not exceed 30 percent of the total cost of a project, except when they are granted based on a service agreement.

3. In principle, these subsidies are granted for projects adequately financed by municipalities or third parties, or in addition to federal subsidies.

4. The canton may participate in the financing of inter-cantonal or national projects or studies.

5. Furthermore, the provisions of the cantonal Subsidies Act are applicable.

1. The State Council establishes the following by means of an ordinance

a) the duties of the agency in the field of integration;

b) the formation, composition, and duties of the advisory commission for the integration of migrants;

c) the procedural regulations and conditions for subsidies.

1. The competent judicial authority in the sense of Articles 70 and 73 to 81 of the AuG is a single judge in the public law division of the Cantonal Court.

1. According to general legal principles, a foreigner affected by coercive measures is promptly informed about the ongoing procedure, the reasons for the imposed measure, and his rights.

2. He is entitled to a free interpreter if he does not speak either of the official languages of the canton.

3. He is entitled to a defense counsel of his choice and, if he lacks the means to compensate for such services, to a free legal aid according to the law on free legal assistance.

1. Detention is carried out in a closed facility, where freedom of movement is restricted only to the extent necessary for the communal living within the institution and for safety requirements. The internal organization of the facility is stipulated in the Regulations on the Organization of Cantonal Administration dated January 15, 1997.

2. Detention under coercive measures takes place

a) primarily in an appropriate facility that is strictly separate from the detention centers;

b) alternatively, in a separate department of a detention center where compliance with the administrative detention regime is ensured (Art. 11 lit. a).

3. To protect the detained person and third parties or as a result of disciplinary measures, short-term solitary confinement may be ordered. This can occur in a detention center.

4. The Council of State is authorized to enter into an agreement with another canton for administrative detention.

1. Institutions for Compulsory Measures employ adequately trained operational staff with professional further education.

1. The State Council shall establish by regulation the following

a) the detention regime under coercive measures;

b) the formation, composition, and duties of the consultative commission for coercive measures. This commission comprises representatives from the relevant departments of the cantonal administration and judicial authorities, as well as representatives from relief organizations engaged in the reception and support of foreigners;

c) the formation, composition, and duties of the visitors' committee, which is tasked with overseeing detention facilities. This committee is composed of members selected for their professional expertise in the field of detention and their independence.

1. Offenses under Articles 115 and following of the Foreign Nationals and Integration Act (AuG) fall within the jurisdiction

a) of the department in case of a misdemeanor;

b) of the ordinary criminal prosecution authorities in case of a felony.

2. Offenses under Article 115 AuG are reported to the department, which

a) decides in cases of negligent offenses;

b) forwards the dossier to the public prosecutor's office in all other cases.

3. The department initiates proceedings for the revocation of the residence or settlement permit in Switzerland if a foreign national has been convicted with final judgment for acts according to Article 121 paragraph 3 of the Federal Constitution.

1. The State Council establishes by regulation the formation, composition, and duties of the consultative commission for hardship cases, which is tasked with providing an opinion on the issuance of humanitarian permits. This commission is composed of members from the three constitutionally recognized regions.

1. The State Council sets the approval fees in accordance with federal regulations and determines their distribution between the canton and the municipalities.

1. The State Council oversees the application of the present law and issues the implementing regulations.

2. The ordinances and regulations of the State Council, issued pursuant to the Introductory Law concerning the Application of the Federal Act on the Residence and Settlement of Foreigners of February 1, 1967, and the Introductory Law to the Federal Act on Coercive Measures in Foreign Nationals Law of November 15, 1996, shall remain in force until the entry into force of the present law, provided that their provisions do not contradict the aforementioned regulations.

1. All provisions contradicting the present law are repealed, specifically

a) the Introductory Act concerning the application of the Federal Act on the residence and permanent settlement of foreigners, dated February 1, 1967;

b) the Introductory Act to the Federal Act on coercive measures in immigration law, dated November 15, 1996.

1. The present law, enacted pursuant to a federal law, is not subject to a popular vote.

2. The present law shall enter into force following its publication in the Official Gazette on January 1, 2013.