The legislature yesterday approved changes to the rules on the deportation and detention of foreigners with a view to safeguarding human rights, but a group of activists representing foreign spouses said the amendment did not make any deep or far-reaching changes.
According to the amended Immigration Act (入出國移民法), the National Immigration Agency (NIA) would exempt overstaying foreigners from deportation if they apply for a visa extension within 30 days after the expiration date.
Lawmakers also wrote into the act what has already been taking place in practice — that foreigners can be deported when their reasons for residence no longer exist, their resident permits have been revoked, or their Alien Resident Certificate has been canceled.
To bring the rules on deportation in line with the International Covenant on Civil and Political Rights, the legislature required the NIA, unless otherwise specified, to call a review meeting ahead of a decision on forced deportation to hear statements from the parties concerned.
Currently, the NIA has the discretion whether to call such a meeting.
The legislature demanded that the agency consult judicial authorities with regard to criminal investigations involving foreigners so as not to expel them from the country when the cases are still being probed.
Lawmakers also removed the NIA’s authority to force both Republic of China (ROC) nationals and foreigners who are held in detention to work.
They also removed an item from Article 38 of the law giving the NIA the power to detain foreigners for as long as it determines it is necessary.
After the amendment takes effect, the agency can only place foreigners in custody under specific circumstances, such as when they are required to leave the country but failed to do so within seven days, when they enter the country without a proper permit, when they overstay their visa, or when they are on foreign governments’ wanted lists.
The legislature amended an article to address the much-criticized problem of prolonged pretrial detention of foreigners in the country, but it did not set a maximum limit on the period of detention.
Under the current act, detention may not exceed 60 days, but if necessary, the NIA can extend the period until the alien is deported.
The amendment allows the agency to extend the detention period by another 60 days if it considers it necessary after the initial detention is completed.
In cases where detained foreigners lost their passports or other travel documents, the NIA can extend their detention period again with no time limit. However, the agency must deport the foreigner within 30 days after their new documents are ready.
TransAsia Sisters Association, Taiwan, a group representing immigrant women from Southeast Asian countries, said the changes failed to incorporate the opinions of the organization.
The organization had proposed 10 points to revise the act, but none were adopted.
As an example, the organization suggested a maximum detention of 30 days and limiting any extensions to only one more 30-day period.
A magnitude 4.9 earthquake struck off Tainan at 11:47am today, the Central Weather Administration (CWA) said. The hypocenter was 32.3km northeast of Tainan City Hall at a depth of 7.3km, CWA data showed. The intensity of the quake, which gauges the actual effect of a seismic event, measured 4 in Tainan and Chiayi County on Taiwan's seven-tier intensity scale, the data showed. The quake had an intensity of 3 in Chiayi City and County, and Yunlin County, while it was measured as 2 in Kaohsiung, Nantou County, Changhua County, Taitung County and offshore Penghu County, the data showed. There were no immediate reports of
The Chinese Nationalist Party (KMT) is maintaining close ties with Beijing, the Democratic Progressive Party (DPP) said yesterday, hours after a new round of Chinese military drills in the Taiwan Strait began. Political parties in a democracy have a responsibility to be loyal to the nation and defend its sovereignty, DPP spokesman Justin Wu (吳崢) told a news conference in Taipei. His comments came hours after Beijing announced via Chinese state media that the Chinese People’s Liberation Army’s Eastern Theater Command was holding large-scale drills simulating a multi-pronged attack on Taiwan. Contrary to the KMT’s claims that it is staunchly anti-communist, KMT Deputy
RESPONSE: The government would investigate incidents of Taiwanese entertainers in China promoting CCP propaganda online in contravention of the law, the source said Taiwanese entertainers living in China who are found to have contravened cross-strait regulations or collaborated with the Chinese Communist Party (CCP) could be subject to fines, a source said on Sunday. Several Taiwanese entertainers have posted on the social media platform Sina Weibo saying that Taiwan “must be returned” to China, and sharing news articles from Chinese state media. In response, the Mainland Affairs Council (MAC) has asked the Ministry of Culture to investigate whether the entertainers had contravened any laws, and asked for them to be questioned upon their return to Taiwan, an official familiar with the matter said. To curb repeated
Weather conditions across Taiwan are expected to remain stable today, but cloudy to rainy skies are expected from tomorrow onward due to increasing moisture in the atmosphere, according to the Central Weather Administration (CWA). Daytime highs today are expected to hit 25-27°C in western Taiwan and 22-24°C in the eastern counties of Yilan, Hualien, and Taitung, data on the CWA website indicated. After sunset, temperatures could drop to 16-17°C in most parts of Taiwan. For tomorrow, precipitation is likely in northern Taiwan as a cloud system moves in from China. Daytime temperatures are expected to hover around 25°C, the CWA said. Starting Monday, areas
RSS