Annotated Republic of China Laws/Immigration Act/Article 38

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Immigration Act Republic of China (Taiwan) Law Article 38

Article 38-1→

Promulgated amendment on 2015-02-04, effective 2015-02-05

Article 38

"An alien who is sentenced to forcible deportation and falls under any of the following circumstances may be temporarily detained by the National Immigration Agency if a compulsory exit order is difficult or impractical to enforce. The duration of temporary detention may not exceed 15 days. The alien shall be allowed to submit claims before the temporary detention order is implemented:

1. Without relevant travel documents to enforce the deportation order."

2. With whereabouts unknown or intention to escape or unwillingness to leave the country

3. Wanted by a foreign government

After allowing an alien to submit claims in accordance with the provisions of the preceding paragraph and circumstances stated in the preceding paragraph that deem temporary detention unnecessary, the National Immigration Agency may permit him/her to find a national with household registration in Taiwan or a representative of a charitable organization/ NGO or embassy, consulate, or authorized organization in the ROC who can provide bail or pay a specific amount of bail bond, in compliance with part or all of the following conditions of detention alternative sanction, and to facilitate the execution of forcible deportation:

Report regularly on one’s life activities at designated Specialized Operation Corps of the National Immigration Agency;

Restrict his/her place of residency in designated locations;

Accept inspections at designated places;

Provide contact information and telephone, and respond promptly when being contacted by any personnel of the National Immigration Agency

In case an alien who is temporarily released from detention violates the aforementioned conditions, the National Immigration Agency may forfeit the bail bond as stipulated in the preceding paragraph.