A violation investigation is conducted to gather information to determine whether to initiate deportation procedures. Detention refers to physical restraint, which is carried out when the results of the violation investigation provide sufficient reasonable grounds to suspect that the individual falls under a cause for deportation.
Deportation procedures consist of four parts in the first half and three parts in the second half. The violation investigation is the first part of the first half.
Violation investigations are conducted by immigration control officers. Immigration control officers are granted the authority by law to conduct violation investigations on foreign nationals (suspects) who are believed to fall under the causes for deportation. The same applies when a foreign national (suspect) voluntarily appears at a regional immigration bureau and declares that they fall under a cause for deportation.
Phases of a Violation Investigation
- Clarification of Facts
- Propriety of Detention
Clarification of Facts
Violation investigations by immigration control officers cover the methods listed below, and they are granted highly diverse and broad-ranging authority to clarify the suspected facts.
- Secret investigation and internal inquiry
- Inquiries to public offices and relevant organizations
- Interrogation requesting the appearance of the suspect
- Interrogation of witnesses
- Inspection, search, and seizure based on a warrant issued by a judge
Legality of Secret Investigations and Internal Inquiries
Since secret investigations and internal inquiries are conducted without a judge’s warrant, they may potentially amount to the illegal acquisition of information. In this regard, the following legal issues may arise, and the government and the Immigration Services Agency are required to comply with them.
- Must not violate social norms or public order and morals
- Must remain within a scope that does not infringe on the rights of the subject
- Must have the subject’s explicit or implicit consent or approval
Procedural Regulations for Violation Investigations
Due to the nature of the investigation itself and its continuity with subsequent deportation procedures, violation investigations can be said to border on an area that may involve severe human rights violations against foreign nationals. To prevent the abuse of power in this regard, various regulations related to the Code of Criminal Procedure have been adopted to restrain the arbitrary exercise of authority.
- Regulations on seizure
- Regulations on search
- Regulations on investigation
- Regulations on the handling of various items, records, and the bodies of subjects of partial search
Propriety of Detention (Results of the Violation Investigation)
As a result of the violation investigation, if there are sufficient reasonable grounds to suspect that the foreign national (suspect) falls under any of the causes for deportation, the foreign national will be detained (physically restrained). This detention is carried out by an immigration control officer; however, the officer must ask a supervising immigration inspector about the propriety of the detention, and a detention warrant issued by the supervising immigration inspector is required by the system. This prevents arbitrary detention (physical restraint) based on individual judgment.