The immigration detention center in Hwaseong, Gyeonggi Province / Korea Times photo by Choi Eun-seo

Undocumented foreigners in immigration detention centers may be released en masse as a legal provision governing their confinement expires at the end of May, multiple sources said on Tuesday.

However, efforts to revise the law have stalled in the National Assembly due to political turmoil following the Dec. 3 martial law fiasco.

Among the detainees are individuals with prior convictions for violent crimes, including murder, prompting calls for urgent legislative action.

Immigration detention centers house foreigners who have been ordered to leave the country but refuse to comply or are temporarily unable to depart.

Although their confinement is distinct from incarceration, as they are released upon departure, civic groups have criticized the system as "de facto imprisonment that violates human rights."

Authorities can hold detainees indefinitely until their departure date, a policy that sparked controversy in 2023 when officials detained a 3-year-old child with his father for 19 days before deporting them.

Legislative deadline looms with no bipartisan agreement

Amid rising human rights concerns, the Constitutional Court ruled in March 2022 that the Immigration Act was unconstitutional and ordered revisions.

The court pointed out three key issues with Article 63, Clause 1 of the Act: the lack of a maximum detention period, the absence of independent oversight for detention decisions and the failure to provide detainees with an opportunity to present their case. The court mandated that the law be revised by May 31.

However, discussions in the National Assembly have stalled due to the fallout from the Dec. 3 martial law declaration.

The Ministry of Justice submitted a government bill reflecting the court's ruling in November last year, but legislative efforts have been overshadowed by debates over President Yoon Suk Yeol's impeachment and a special prosecutor bill.

The Jan. 10 meeting of the National Assembly's Legislation and Judiciary Committee was disrupted by disputes over the special prosecutor bill, and a Jan. 22 session failed to narrow differences over the proposed detention limits.

The government argues that many detainees intentionally refuse to leave, often filing asylum claims or lawsuits, which take an average of 18 months to resolve. It has proposed a maximum detention period of 17 to 18 months.

The opposition, however, argues that such a limit is excessive and should be reduced, with Rep. Park Ju-min of the Democratic Party of Korea proposing a cap of 100 days.

If the law is not revised by the end of May, the legal basis for immigration detention will be nullified, potentially forcing the release of all detainees.

Currently, an average of 1,600 to 1,800 individuals are held in detention centers nationwide, most of whom are awaiting departure due to practical issues such as lost passports or travel expenses.

Protesters denounce the Justice Ministry's revised immigration detention rules during a World Refugee Day press conference in Seoul on June 20, 2022. Korea Times photo by Choi Eun-seo

Long-term detainees include convicted criminals

Many long-term detainees raise concerns due to their criminal records. Current law prevents the forced deportation of foreigners involved in ongoing lawsuits, and some take advantage of this by repeatedly filing asylum claims or causing disturbances on flights to evade deportation.

A significant number have prior convictions. The Ministry of Justice reports that, over the past five years, authorities have detained 152 foreigners for more than 18 months, with 32.9 percent (50 individuals) having criminal records.

One such case involves a man who was convicted in February 2015 for sexually assaulting his 12-year-old stepdaughter, a Korean national. After completing his prison sentence, he was transferred to a detention center, where he remained for 16 months while filing asylum claims before recently being deported.

Another detainee is Jang, a Chinese national who was sentenced to 18 years in prison in November 2006 for killing his spouse and attempting to murder his sister-in-law with a blunt weapon.

Having completed his sentence last year, Jang remains in a detention center. His Chinese household registration has been revoked, complicating the reissue of his passport and delaying his deportation. If the law is not revised by May, he could be released.

To prevent a legislative vacuum, the National Assembly must expedite discussions. The lawmaking process typically takes more than four months and involves multiple procedural steps.

It requires the formation of review committees, subordinate legislation and phases such as a 40-day legislative notice period, a 20-day regulatory review, a 30-day examination by the Ministry of Government Legislation and 15 days of deliberation by the vice ministerial and Cabinet meetings.

Even if the bill passes immediately, implementation would be tight. However, the judiciary committee has yet to schedule its next meeting.

A lawyer who previously worked at the Ministry of Justice said, "Even if preparations begin now, there is barely enough time to complete the legislative process. Laws with fixed deadlines require special attention."

Justice Ministry officials inspect the Hwaseong Immigration Detention Center on Jan. 16, 2022. Courtesy of Ministry of Justice

This article from the Hankook Ilbo, a sister publication of The Korea Times, is translated by a generative AI system and edited by The Korea Times.