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How does China treat illegal immigrants?
Basis: Article 59 of the 20 13 Measures for the Administration of Exit and Entry, persons suspected of violating the administration of exit and entry may be questioned on the spot; After cross-examination on the spot, under any of the following circumstances, cross-examination may be continued according to law:
(a) suspected of illegal entry and exit;
(two) suspected of assisting others in illegal entry and exit;
(3) Foreigners are suspected of illegal residence or illegal employment;
(four) suspected of endangering national security and interests, disturbing public order or engaging in other illegal and criminal activities.
Interrogation on the spot and continued interrogation shall be conducted in accordance with the procedures stipulated in the People's Police Law of the People's Republic of China.
If the public security organ of the local people's government at or above the county level or the entry-exit frontier inspection organ needs to summon a person suspected of violating entry-exit administration, it shall be implemented in accordance with the relevant provisions of the Law of People's Republic of China (PRC) on Public Security Administration Punishment.
Article 60 A foreigner who falls under any of the circumstances specified in the first paragraph of Article 59 of this Law can't be ruled out after on-the-spot questioning or continuous questioning, and needs further investigation may be detained for examination.
To conduct detention review, a decision on detention review shall be submitted within 24 hours and an inquiry shall be made. If it is found that the detention review should not be carried out, the detention review should be lifted immediately.
The detention review period shall not exceed thirty days; If the case is complicated, it may be extended to 60 days with the approval of the public security organ of the local people's government at the next higher level or the entry-exit frontier inspection organ. For foreigners with unknown nationality and identity, the detention review period shall be counted from the day when their nationality and identity are ascertained.
Article 61 Detention review is not applicable to foreigners under any of the following circumstances, and the scope of their activities may be restricted:
(1) Suffering from serious diseases;
(2) Being pregnant or nursing a baby under one year old;
(three) under the age of sixteen or over seventy;
(four) other circumstances that are not suitable for detention review.
Foreigners whose activities are restricted shall be inspected according to regulations, and shall not leave the restricted area without the approval of the public security organ. The time limit for limiting the scope of activities shall not exceed 60 days. For foreigners with unknown nationality and identity, the time limit for restricting the scope of activities shall be counted from the date when their nationality and identity are ascertained.
Article 62 An alien may be deported under any of the following circumstances:
(1) Being ordered to leave the country within a time limit and failing to leave the country within the time limit;
(2) being refused entry;
(three) illegal residence and illegal employment;
(four) in violation of this law or other laws and administrative regulations, it is necessary to be deported.
Other overseas personnel under any of the circumstances listed in the preceding paragraph may be deported according to law.
Deported persons are not allowed to enter the country for one to five years from the date of expulsion.
Article 63 A person who has been detained for examination or decided to be deported and cannot be executed immediately shall be detained in a detention center or a deportation station.
Article 64 If an alien refuses to accept the measures taken against him in accordance with the provisions of this Law, such as continuing questioning, detention review, limiting the scope of activities or deportation, he may apply for administrative reconsideration according to law, and the decision of administrative reconsideration shall be final.
The provisions of the preceding paragraph shall apply to other overseas personnel who are dissatisfied with the deportation measures taken against them in accordance with the provisions of this Law and apply for administrative reconsideration.
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