Purpose

1. This Act implements the Federal Act on Foreign Nationals (FNA) of December 16, 2005, and the corresponding federal execution decrees, insofar as their implementation falls under the responsibility of the cantons.

2. It designates the competent authorities and regulates the procedures.

1. The Office for Migration, as the cantonal authority for foreigners and the labor market, fulfills all tasks related to entry and exit, residence regulation, as well as the employment of foreigners, unless another authority is explicitly designated as responsible.

2. In cases of violations against federal alien law that the Office for Migration identifies in the course of its duties, and to which the summary penalty procedure is applied, it imposes summary fines in the same manner as the Lucerne Police.

1. The Lucerne Police is the competent cantonal authority for foreign nationals in accordance with Articles 16 and 111 Paragraph 5c of the Foreign Nationals Act (AuG).

2. It conducts investigations and searches of residences and other premises in the sense of the AuG on behalf of the Migration Office or the judicial authority and enforces the ordered coercive measures.

1. Judicial Authorities for Coercive Measures under Articles 73 and 75-78 of the AuG are the Single Judge of the Coercive Measures Court, for Coercive Measures under Article 74 of the AuG the Single Judge of the Cantonal Court.

2. The Single Judge of the Cantonal Court is responsible for ordering the search of apartments and premises subsequent to a first instance decision (Art. 70 Para. 2 AuG).

1. Cantonal Contact Point for Integration Issues in accordance with Article 57 paragraph 3 AuG is the office pursuant to § 5 of the Act on the Promotion of Social Cohesion of 14 September 2009.

2. The municipalities designate a municipal contact point for integration issues.

1. The Canton and municipalities ensure appropriate information for the foreign and domestic population in accordance with Article 56 of the Foreign Nationals and Integration Act (AuG) and within the framework of the Act on the Promotion of Social Cohesion.

1. The canton and municipalities promote the integration of foreign nationals in accordance with Article 53 of the Foreign Nationals and Integration Act (AuG) and within the framework of the law on the promotion of social cohesion.

1. Foreign nationals are required to acquire the German language skills necessary for work and education, as well as for interactions with society and authorities, and to familiarize themselves with the social conditions and living circumstances in Switzerland. The specifics will be governed by the integration agreement.

1. If there is a justified suspicion of a detention reason under the AuG (Aliens Act), the Office for Migration can instruct the Lucerne Police to provisionally arrest the person concerned and bring them for questioning.

2. The Office for Migration must, if necessary with the assistance of a translator,

a. inform the detained person of the reason for detention,

b. hear the person regarding the reason for detention,

c. inform them about their rights, particularly regarding the conditions for free legal assistance and the ability to appoint legal counsel,

d. inform them about the judicial review of detention,

e. ask which person or organization in Switzerland should be informed about the detention,

f. inquire about their personal and familial circumstances,

g. inform them about the type, duration, and place of detention execution.

3. The Office for Migration keeps a record of the information and questioning and issues the detention order. The record is translated for the detained person by the translator, if necessary.

4. The Office for Migration notifies the person or organization designated by the detained individual.

5. It informs the detained person about their rights and obligations in the procedure and during detention. If necessary, a translator is engaged for this purpose.

1. The Office for Migration shall promptly forward its decision along with the records to the judicial authority pursuant to § 4.

1. The judicial authority shall promptly set the date for the oral hearing, issue the summons, and, if necessary, provide an interpreter.

2. The Office of Migration and the detained person shall be summoned to the oral hearing.

3. The summons shall inform about the possibility of accessing the case files.

1. The detained person and a representative of the Migration Office are required to appear at the hearing. The Lucerne Police are responsible for bringing in the detained person.

1. The judicial authority decides based on the records and submissions.

2. It may order supplementary evidentiary measures.

1. The judicial authority shall decide within 96 hours of the detention, generally immediately following the oral hearing.

2. The decision shall result in the confirmation, restriction, or lifting of the detention.

3. The decision is typically announced orally and subsequently delivered in writing with reasons.

4. The decision shall inform about the right to submit a request for release from detention.

1. If the Office for Migration intends to extend detention or convert it into another form of detention, it shall hear the detained person and prepare a record in accordance with § 9. The application for confirmation of the detention extension or conversion, along with the hearing record, must be submitted to the judicial authority at least 96 hours before the expiration of the already approved detention.

2. §§ 11-14 apply mutatis mutandis.

1. The enforcement of the preparatory, expulsion, and enforcement detention is governed by Article 81 of the Foreign Nationals and Integration Act (AuG).

2. The personal rights of the detained person may only be restricted as far as required by the purpose of the detention and the maintenance of the operation of the detention facility.

3. The detained person may communicate orally and in writing with their legal counsel without restriction, receive visits within the framework of the house rules, and correspond with relatives and persons of reference. They may spend one hour daily outdoors and are not obliged to work. Special consideration shall be given to the needs of parents with children.

3bis. Disciplinary law is governed by the provisions of §§ 40 and 41 of the Law on Penal Administration of September 14, 2015, insofar as these are compatible with the purpose of the detention.

4. The government council may regulate the execution of detention in greater detail by ordinance. The Department of Justice and Security shall issue house rules.

5. Orders, actions, and omissions in the context of the execution of detention can be challenged before the Department of Justice and Security according to the provisions of the Law on Administrative Procedure of July 3, 1972. Legal protection against disciplinary orders is governed by the provisions of §§ 42, 44, and 45 of the Law on Penal Administration.

1. If the Migration Office does not release the detained person upon a request for release from detention, it shall promptly forward the request along with its opinion to the judicial authority.

2. The Migration Office may participate in the oral hearing before the judicial authority and submit motions.

3. Otherwise, Sections 11-14 shall apply mutatis mutandis.

4. If the request for release from detention is denied, the detained person shall be informed about the possibility of submitting another request for release from detention.

1. The Office for Migration may prohibit foreign nationals from leaving a designated area or entering a specific area. The person concerned must be heard in advance. The provisions of Section 9 shall apply mutatis mutandis.

2. An appeal against this decision must be submitted to the Office for Migration within 30 days of its delivery.

3. The Office shall promptly forward the appeal, along with its opinion, to the judicial authority.

4. The judicial authority shall decide based on the records. An oral hearing may be ordered.

5. The decision shall be delivered in writing.

1. The Office for Migration maintains a register of foreigners who are not permitted to leave an assigned area or to enter a specific area.

1. The Office for Migration orders the search of persons and objects to secure travel and identity documents, and generally conducts these searches itself.

1. The judicial authority shall order the search of dwellings and other premises on its own motion or upon a substantiated request by the Migration Office if there is an urgent suspicion that a person facing deportation or expulsion is hiding therein.

2. The Lucerne Police shall conduct the search.

3. The provisions of Articles 241-245 of the Swiss Code of Criminal Procedure of October 5, 2007, apply mutatis mutandis.

1. The Office for Migration shall promptly report to the competent federal authorities any ordered preparatory, detention pending deportation, or enforcement detention, as well as the review, extensions, and releases of detention and any imposition or lifting of entry and exit restrictions.

1. Violations pursuant to Articles 115 et seq. of the Foreign Nationals and Integration Act (AuG) shall be adjudicated by the penal authority.

2. The administrative fines procedure is reserved.

1. Insofar as federal law and this Act do not provide otherwise, the procedure shall be governed by the Act on Administrative Jurisdiction.

1. The Compulsory Measures Court reviews the legality and appropriateness of short-term detention under Article 73 of the Foreign Nationals and Integration Act (AuG), preventive detention under Article 75 AuG, deportation detention under Articles 76 and 77 AuG, and enforcement detention under Article 78 AuG.

2. Appeals against orders from the Migration Office regarding entry or exclusion under Article 74 AuG, as well as decisions of the Compulsory Measures Court, may be brought to the single judge of the Cantonal Court.

3. Other orders from the Migration Office can be challenged with an administrative appeal to the Department of Justice and Security. An appeal to the Administrative Court is permissible against the decision on the administrative appeal.

1. The supervision in the field of immigration law is the responsibility of the Department of Justice and Security.

1. The Government Council issues the implementing provisions necessary for the enforcement of this law.

2. It establishes the fees within the framework of federal legal regulations.

1. The law shall enter into force on January 1, 2010. It is subject to an optional referendum.