Introductory Act to the Federal Act on Foreign Nationals and Integration and to the Asylum Act (EG AuG) - Subject Matter (AuG)

1. This law governs the enforcement of federal legislation on foreign nationals and asylum.

2. Excluded from the scope of regulation are the provisions regarding social and emergency assistance as well as the promotion of integration.

1. The Migration Office enforces the foreign nationals and asylum legislation, unless another authority or office is expressly responsible for this.

2. It issues the necessary orders to the police for enforcement.

1. The police are responsible for the enforcement of administratively ordered arrests, removals, expulsions, personal and property searches, as well as court-ordered house searches.

2. It is the competent authority within the meaning of Art. 9 para. 1 of the Asylum Act.

1. The Office for Economic Affairs and Labor implements the foreign nationals and asylum legislation concerning labor market matters.

2. It is responsible for the allocation affecting the canton’s maximum numbers, makes preliminary decisions on labor market issues, and can impose administrative sanctions on employers.

1. The Administrative Court is the judicial authority within the meaning of the AuG.

1. The municipal authorities and civil status offices support the Office for Migration in the fulfillment of its duties. In particular, they provide input on issues submitted to them by the Office for Migration.

2. The municipal authorities and civil status offices promptly notify the Office for Migration of any entries and amendments to the residents' register and civil status register concerning foreigners, which the Office for Migration requires for the fulfillment of its functions.

3. Additionally, the municipal authorities provide input on issues submitted to them by the Office for Economy and Labor.

1. Decisions that exhibit a connection with the stay of foreign nationals or that may affect their stay must be immediately communicated by other cantonal authorities or departments to the Office for Migration.

2. The police shall promptly forward to the Office for Migration all reports and relevant interrogations concerning criminal acts by foreign nationals, and inform it about facts that contravene immigration law provisions.

1. Preparatory, deportation, or enforcement detention must be ordered within 24 hours of arrest or at the time of release from investigative detention or from the execution of a sentence or measure.

2. The decision must be immediately communicated orally to the affected person, with an explanation and the notice that they can consult legal counsel. The written justification must be provided at the latest within 72 hours of arrest and submitted to the administrative court.

3. In the case of detention under the Dublin procedure, the written justification must be submitted within 72 hours of the request for detention review. The legality and appropriateness of the detention must be reviewed by the judicial authority no later than 96 hours after the request.

1. The judicial detention review decision is typically announced orally and subsequently delivered with written justification.

2. If detention is upheld, the decision must indicate the possibility of submitting a request for release from detention.

1. The Office for Migration must submit the application for consent to extend the preparatory, deportation, or enforcement detention no later than 96 hours before the expiration of the approved detention period.

1. The application for release from custody must be submitted in writing to the Administrative Court.

2. The procedure is governed by the provisions concerning the review of detention.

1. At any stage of the proceedings, if necessary, a translator shall be appointed ex officio at the expense of the canton.

1. Authorities charge fees for their official acts, which are determined according to the Fee Ordinance AuG and the Administrative Fee Tariff. For reasons of administrative economy, flat fees may be established.

2. Authorities may charge for their expenses incurred in the performance of their duties as disbursements.

3. In the area of coercive measures, procedural costs are generally not charged.

1. If administratively detained foreign nationals possess financial resources, the costs of enforcement and departure are imposed on them in whole or in part.

2. The enforcement and departure costs remaining after the deduction of federal contributions are borne by the canton.

1. Appeals against decisions of the Office for Migration and the Office for Economy and Work are to be directed to the Government Council, unless a judicial body is explicitly competent.

2. The appeal instance within the meaning of Art. 64 para. 3 AuG is the Administrative Court.

1. The retrospective review of the legality of short-term detention must be requested from the administrative court within ten days from the end of the detention.

2. An appeal against the ordering of a search, or the ordering of an inclusion or exclusion zone, can be filed with the administrative court within ten days of receiving the order. The appeal does not have a suspensive effect.

1. Upon the entry into force of this law, the Introductory Law to the Federal Act on the Residence and Settlement of Foreigners (EG ANAG) is repealed.

1. This law is subject to the optional referendum in accordance with § 34 of the Cantonal Constitution. The government council determines the commencement.