Regulations Governing the Detention of the Aliens
1.Enacted and promulgated by Order (89) Tai-Nei-Yi-Tzu No.8981106 of the Ministry of the Interior on Feb.1, 2000
2.The amended Act with all 15 articles was promulgated by the Ministry of the interior Order Tai-Nei-Yi-Tzu No.0971027572 on August 1,2008;the date of its effect was to be set by the Ministry of the interior.
3.The amended Act was set to go into effect since August 1,2008 by
the Ministry of the interior Order Tai-Nei-Yi-Tzu No.0971035715 on August 1,2008.
4.The amended Articles 4 was promulgated by the Ministry of the interior Order Tai-Nei-Yi-Tzu No.1000934066 on November 30,2011; and went into effect on the date of promulgation.
The Regulation is enacted pursuant to Article 39 of the Immigration Act (hereinafter referred to as "the Act").
Alien detention shall be implemented in alien detention centers, temporary detention centers set up by the National Immigration Agency of the Ministry of the Interior (hereinafter referred to as the "National Immigration Agency"), or other proper locations designated by the National Immigration Agency under necessary circumstances (hereinafter referred to as "the detention center"). Male detainees shall be separated from female detainees.
The National Immigration Agency shall establish a “Bill of Mandatory Detention” with the following contents when detaining aliens:
1. The name, sex, age, nationality, identification and its number, as well as the domestic residence and domicile address of the detainee.
2. The Facts.
3. Reasons for detention.
4. Place of detention.
The Bill issued in accordance with the preceding paragraph shall be delivered to the detainee and notifications shall be made to his/her spouse, or the lineal relative, legal representative, siblings; unless such notification is impossible.
For an alien, who may be subject to temporary detention pursuant to Paragraph 1 of Article 38 of the Act, the detention may be suspended temporarily if he/she:
1. Is mentally impaired or physically sick, and the detention will affect the treatment or is likely to endanger his/her life.
2. Has been pregnant for five (5) months or longer, or has given birth or had a miscarriage for less than two (2) months.
3. Has contracted infectious diseases prescribed in Article 3 of the Communicable Disease Control Act and possibly causes infection cluster.
4. Could not take care of his/her daily life due to senility or physical or mental handicap.
A detainee, who is under the situation prescribed in one of the subparagraphs of the preceding paragraph, may prepare a declaration together with his/her relative having a household registration in Taiwan area, a charity organization, or persons consented by the National Immigration Agency, to temporarily suspend his/her detention.
When the cause for suspension in temporarily detention prescribed in the preceding paragraph lapses, the alien may be put in temporary custody again unless the procedure for exiting the country has been completed.
Upon entering a detention center, each detainee shall have a checkup and have his/her fingerprint and photograph taken. If the detainee is a woman, her checkup shall be conducted by female examiners.
Except daily necessities, articles carried by a detainee shall be examined and put in the custody of a detention center. A receipt shall be produced upon receiving such articles. The articles shall be returned when the detainee leaves the detention center.
Where the articles are not suitable for custody, the detainee shall be ordered to properly dispose such articles. The former requirements shall also apply to articles mailed to the detainees.
To ensure the safety and management of the detention center, the center may inspect the detainee, articles he/she carried with, or the detention area.
Upon entering a detention center, detainees shall be informed of the matters to comply with, specified as follows:
1. No suicide, self-mutilation, or behavior injuring others life or body allowed.
2. No clamor, quarrel, fight, attack to management, or escape from the facility allowed.
3. No drinking or gambling allowed.
4. Shall not hide prohibited items, contraband, or other dangerous goods.
5. Shall not defy the management order or act against the order of the detention.
6. Shall not smear, pollute, destruct, or damage the public facility.
7. Other compliance rules specified by the detention center.
The compliance rules referred to in the previous paragraph shall be posted or hung at a clear spot in the detention center in both Chinese and English.
Where a detainee violates the rules as referred to in Paragraph 1 of the previous Article, the detention center shall first stop such behaviors and may take the following measures:
2. Labor service.
3. Phone call restrictions.
4. Visitation restrictions.
5. Solitary confinement.
Where measures specified in Subparagraphs 2 to 5 are taken, the detention center shall issue a warning. The measures taken shall comply with the principle of proportionality.
After measures stated in Paragraph 1 are taken, the National Immigration Agency may conduct necessary exanimation.
If a female detainee requests to carry her child under three (3) years old, the request may be approved.
In case a detainee contracts a disease, a doctor shall be employed, or the detainee shall be sent to hospital for treatment. If the detainee contracts infectious disease prescribed in Article 3 of the Communicable Disease Control Act, a local health authority shall be notified to discuss whether to put such detainee in quarantine or have him/her treated.
If the detainee prescribed in the previous paragraph needs to be hospitalized for treatment, personnel shall be sent by the detention center to the hospital to keep guard.
The medical expense incurred in the Paragraph 1 shall be paid by the detainee. If the detainee could not pay the expense, it shall be paid by the National Immigration Agency.
Detention centers shall hold various activities. Unless kept under solitary confinement, detainees shall have time to do outdoor activities in appropriate places; provided that such activities may be cancelled in case of bad weather, safety concern, or insufficient space in the detention center.
The detainees may have visitations with relatives.
The relatives referred to in the previous paragraph shall take the identification, contact information, and other necessary information to the detention center to apply for visitation. Once approved, the relatives shall comply with the following rules:
1. Visitation shall be conducted at the time and place designated by the detention center.
2. No prohibited items, contraband, or dangerous goods allowed.
3. Properties to be given to a detainee shall be transferred after the inspection, registration, and approval.
4. Orders from the staff or management of the detention center shall be obeyed.
5. The visitation is restricted to thirty (30) minutes; provided that the official in charge of the detention center may approve an extension under special circumstance.
6. No acts against the order of the visitation allowed.
7. Other compliance rules stipulated by the detention center.
The detention center may refuse visitations or cancel approved visitations with the following circumstances:
1. The detainee has two (2) visitations on a same day.
2. The detainee has been restricted from visitation or put under solitary confinement.
3. The relatives of the detainee who applied for visitation violate the subparagraphs of the previous article, and refuse to obey the staff or management of the detention center.
4. The relatives of the detainee who applied for visitation seem to be drunk, infected with serious contagious disease, or mentally abnormal.
5. Due to the managerial need, the detention center deems visitations inappropriate.
If a detainee is about to die of illness or deceased, his/her relatives, related persons, the foreign missions of his/her country in the Republic of China, or authorized institutions shall be notified, unless such notification is impossible.
After the detainee deceased, the National Immigration Agency shall notify his/her relatives, related persons, the foreign missions of his/her country in the Republic of China, or authorized institutions to deal with the funeral affairs, pick-up the remaining items of the deceased, and pay for expenses resulting from funeral affairs; provided that the National Immigration Agency may directly handle the funeral affairs under the following circumstances:
1. The person being notified does not take relevant measures within one (1) month after the service of written notification.
2. Is unable to notify or unable to service the written notification, and the detainee has deceased for more than one (1) month.
The effective date of the Regulation shall be determined by the Ministry of the Interior.
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