||Several articles regarding detention were added in the Immigration Act in response to the J.Y. Interpretation No. 708 and were put into force on February 5, 2015. Alternatives to detention thus faced important changes with the enforcement provisions of the new detention law. |
While the new law has been executed for more than two years, the National Immigration Agency has had numerous difficulties with investigation and detention management. In addition to the heavier workload, the total number of illegal foreign laborers has not been significantly lowered or controlled. Accordingly, these raised the dark figure of crime caused by illegal foreign laborers and worsened related problems, leading to a great potential threat to public security.
This study aimed to explore how alternatives to detention influenced the related units under the present limited staff number and heavy workload, and examined if alternatives to detention fulfilled its aim while striking a balance between the maintenance of human rights and enforcement of public authority. Alternatives to detention, the research subject in the study, were evaluated and analyzed from the perspective of policy process. The six policy evaluation indexes in this study were "efficacy","efficiency","sufficiency", "fairness", "responsiveness" and "appropriateness". A literature review, evaluation of the present policy enforcement and in-depth interviews were used as the methodology to explore the thoughts of policy stakeholders and to examine if the design and enforcement of the policy helped effective resource allocation and fulfilled its aim. Suggestions were proposed to improve the detention management system.
The study found that despite the good cause and the practicability of the alternatives to detention, there were several problems rendering the promotion of the policy difficult and lowering its effectiveness: (1)There was a cognitive gap between policy making and policy enforcement; (2) Related units and influencers did not have a clear idea of the policy; (3)There was a lack of consensus on social needs and values; (4)There was a causal relationship between the promotion of the alternatives to detention and national labor management. Further reviews and improvements regarding the policy need to be done to perfect the present situation.
Based on the research findings and results, five suggestions were proposed.
1.Law-enforcement authorities should update their thoughts regarding law enforcement and enhance the on-the-job training of law enforcement officials.
2.Close horizontal communication and contact should be enhanced to achieve a consensus on the policy.
3.Complementary measures should be added in the guarantors system to clarify the examination procedure.
4.Inter-departmental business should be coordinated and inter-departmental policies should be integrated.
5.The public's concepts of law and order should be enhanced, and the value of human rights should be internalized.
The findings and the suggestions of this study are expected to serve as a reference to alternatives to detention.