An article in the Mainichi Shimbun (November 14, 2024) realistically describes the daily lives of foreigners who are placed on provisional release.
Provisional release is a temporary release measure under Japan’s immigration administration. Normally, foreign nationals who are determined to be staying in Japan illegally due to illegal entry or revocation of their status of residence will be detained at an immigration facility.
The purpose of detention is to secure the whereabouts of foreign nationals who have been ordered deported until they depart from the country. However, some detained foreign nationals may find it desirable to live outside the detention facility for reasons such as deteriorating health or family support.
In light of these circumstances, the Ministry of Justice’s Immigration Bureau (currently the Immigration Services Agency) may grant “provisional release” as a temporary measure.
Provisional release is a system in which detainees are temporarily allowed to live outside a detention facility, but their legal status is subject to restrictions. Provisional release is granted only as a temporary measure and does not give you a status of residence.
Therefore, foreign nationals on provisional release continue to be in the country illegally, and their status continues to be illegal. However, by being granted provisional release, the benefit is that the person is freed from detention in a detention facility and is able to lead a social life.
Eligible persons and requirements for provisional release
Provisional release is decided based on the detainee’s health, family circumstances, and humanitarian considerations. For example, when it is determined that there are special circumstances, such as when a detained foreigner requires treatment for illness or injury, or when he or she needs to be reunited with his or her family, provisional release may be granted at the discretion of the Immigration Services Agency.
However, provisional release does not mean exemption from the obligation to leave the country, so foreigners on provisional release may be asked to leave the country at any time. In addition, provisional release may not be granted if the inmate is judged to be at high risk of escape or recidivism.
When granting provisional release, the Immigration Services Agency may require you to pay a deposit or provide a guarantor. The amount of the bond is set according to the inmate’s financial situation and risk of escape, and is usually in the range of tens of thousands of yen to hundreds of thousands of yen. This deposit will be returned if the detainee complies with the conditions of provisional release and agrees to leave the country or be re-detained, but may be confiscated if the detainee violates the conditions.
Conditions and obligations during provisional release
Foreign nationals on provisional release are subject to several obligations and restrictions. First, it is mandatory to appear regularly at the Immigration Services Agency, and those with provisional release must appear at the designated date and time and report their whereabouts. You may also be subject to a change of residence or restrictions on your professional activities. This is to prevent foreign nationals on provisional release from escaping, and the Immigration Services Agency strives to keep track of the whereabouts of detainees at all times.
If a provisionally released person violates these obligations, his or her provisional release may be revoked or re-incarcerated. Additionally, foreign nationals on provisional release are still illegally residing in Japan, so they are not permitted to work in Japan. However, although permission may be granted due to special circumstances, the current situation is that economic activities for daily living are generally not permitted. As a result, those on provisional release often rely on support from support organizations and family members.
Significance and problems of the provisional release system
While the provisional release system has significance as a humanitarian consideration, several problems have also been pointed out. First, from the perspective of human rights for foreign nationals in detention, it plays a role in protecting the lives and human rights of foreign nationals by temporarily releasing them when detention is inappropriate, such as for health reasons or family circumstances.
Provisional release can be a means to improve the lives of detainees, especially when they require treatment for an illness or are suffering from a heavy mental burden. In addition, given the current situation where Japan’s immigration control system is becoming stricter and refugee recognition is carried out under strict standards, the provisional release system is one of the few ways in which a small number of refugee applicants can maintain their lives outside of detention facilities.
On the other hand, provisional release is viewed as problematic due to its lack of legal stability. Provisional release is a temporary measure and can be revoked at any time, leaving those on provisional release with an unstable future livelihood. Furthermore, because their resident status is not recognized while they are on provisional release, they are unable to work officially and often find themselves in poverty.
In some cases, support organizations and charities support the lives of those who have been provisionally released, but there are limits to their support. Additionally, because the criteria for granting provisional release and the decision-making process are not clear, it is possible that different applicants will be treated differently even in the same situation, and issues of fairness in the operation of provisional release have been pointed out.
Discussions on improving the provisional release system
In Japan, calls for a review and improvement of the provisional release system have been increasing in recent years. In particular, in order to respect the human rights of refugee applicants and detainees and to stabilize their lives, foreign nationals on provisional release are required to be provided with a certain level of living support and medical support. Legislation is also being considered to improve the transparency of the standards and procedures for provisional release and to prevent detainees from being placed in unstable conditions.
Furthermore, regarding the detention system itself, there is an argument that Japan should adopt a humane detention policy based on international human rights conventions. For example, it is important to review the entire system of detention and provisional release, such as setting an upper limit on the period of detention, improving living conditions in detention facilities, and enhancing social support for those released on provisional release.
Conclusion
Provisional release is a system that is closely related to Japan’s immigration detention system and is designed to respond flexibly to detainees’ humanitarian considerations. As detention becomes longer, provisional release serves as an important means to temporarily ensure stability in the lives of detainees, but on the other hand, it also raises issues such as legal instability and difficulty in living.
Reviewing the provisional release system and enhancing human rights and livelihood support for detainees is an important issue in order to make Japan’s immigration administration more fair and humane.