The reality of long-term detention of foreign nationals

The Diet is about to start deliberating on the proposed amendment bill of the Immigration Control Act, but the amendment did not put any restrictions on the time limit for long-term detainees held at the Immigration Service Agency (ISA).

Most of the foreigners who are subject to deportation due to lack of visas will return to their home countries, but those detained foreigners who have family in Japan cannot return to their home countries at all costs to avoid the separation from their families. Even in such cases, ISA will continue to detain them without mercy because it is necessary to implement deportation. The proposed amendment bill would try to solve long-term detention by establishing a new system of "management measures by a supervisor," but this criteria is also unclear and left to the discretion of ISA. The requirements for the granting of a special permission visa are also unclear.

My client, a Filipino woman, has been detained for more than three years without being able to see her 10-year-old daughter, who had been taken away to a nursing home. If she received the permission of provisional release, she would see her daughter without any problems, but ISA refused to allow it. The proposed amendment bill does not show any stance on international cooperation. Though this case is a human rights issue, ISA, a mere administrative body with no judicial authority, can judge all provisional releases and special permission visas.