Issues of Detention and Deportation of Foreigners in Taiwan: A Case Study of Yilan Prison

• Main Author: 黃梓青
• Other Authors: 朱春生
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/93005710623426148396

碩士 === 佛光大學 === 公共事務學系 === 98 === In response to the coming era of globalization, increased international exchanges and activities have gradually become complicated, and the immigration management of foreigners has turned into a crucial factor for national security. As soon as foreigners conduct illegal activities, they shall face regulations such as detention or deportation. But since the international society places great importance on the protection of human rights and security, our national policy towards treatment of foreign wrong-doers should not be unilaterally inclined to law enforcement and management, but should seek a balance among “law-enforcement,” “services,” “human rights” and “security,” and the goals of future implementation should conform with the ideology of international regulations to protect basic human and prisoner rights while maintaining national security. This paper aims to explore the development of national policy on detention and deportation of foreigners, its legal clarity, redemption and internment as alternatives to custody, relating to human rights issues such as deprivation of personal liberty. In addition, it evaluates whether the discretionary act on detention and deportation meets constitutional standards, and compares the detention and deportation system in nations such as German, Japan, and the USA. The research takes individual cases of detention and deportation from Yilan prison to analyze inmates' characters, adaptation, and the effects of management to identify problems and virtues at the managerial level and obstacles encountered in practical matters; further exploration focuses on expedited deportation procedures based on the spirit of humane management for future legal amendments to form the basis of the detention and deportation system. As a result, this paper explores issues of national policy on detention and deportation of foreigners through “literature review, “advanced analysis”, and the “comparative method.” The research concludes the following findings: the limitation in detention as an alternative to custody, lack of legal clarity in detention regulation, concerns of violations of the Constitution, lack of complete detention or redemption procedures, different management based on various detention regulations, insufficient communication between the management personnel and inmates, nondeductible detention period undermining the rights and prolonging the judicial investigation and trial time which delays the deportation schedule. Besides, this paper also offers the following suggestions: from the “aspect of internment” to establish the “Refugee Act” to legalize refugee protection policy, and amend related law to form the forceful resettlement and redemption system for foreigners; in the “managerial aspect,” training professional management personnel, education of special skills for labor workers, reforming a special team to take charge of detention affairs and increase female officers to cope with managerial demands, in the “deportation aspect” to adjust jail sentence deduction to avoid delayed deportation, and deportation procedures related to illegal entry of mainland China residents and more as references for improving policies of foreigners' detention and deportation.