Opposition lawmakers pressed for giving courts a say on whether foreign nationals overstaying their visas should be detained rather than leave such matters solely in the hands of immigration authorities.

This was among counterproposals to a contentious government bill to revise the Immigration Control and Refugee Recognition Law that cleared the Lower House on May 9 and will now go before the upper chamber to be discussed.

The bill has stoked fears the government is simply trying to make it easier to deport foreign nationals who are illegally staying in Japan, including those seeking asylum.

A bill submitted to the Upper House by lawmakers primarily from the Constitutional Democratic Party of Japan and the Japanese Communist Party calls for a judge’s warrant for decisions to detain foreign nationals.

The opposition bill also calls for putting limits on the duration of detention as there have been cases of foreign nationals spending years in custody for overstaying their visas.

During Diet deliberations, both points were not reflected in the government bill, which passed the Lower House with support from the ruling Liberal Democratic Party, its coalition partner Komeito, Nippon Ishin (Japan Innovation Party) and the Democratic Party for the People.

The CDP, the JCP and Reiwa Shinsengumi remained opposed to the bill.

The government contends that court involvement is unnecessary because detainees can challenge any government decision regarding their fate by filing a lawsuit.

Under the government bill, a new system will allow foreign nationals to live away from detention facilities until they are deported if their activities are monitored by supporters officially designated as supervisors.

Officials assert this will prevent prolonged detentions. 

In addition to their own revision bill, the opposition lawmakers submitted a separate proposal to the Upper House on May 9 to set up a third-party organization to screen applications for refugee status. 

Specifically, the lawmakers said the creation of an independent organization should be stipulated in a new law that would be established by separating certain provisions from the Immigration Control and Refugee Recognition Law.

The government bill is aimed at speeding up deportation of foreign nationals illegally staying in Japan in addition to preventing prolonged detentions.

It would allow immigration authorities to deport those seeking refugee status after two rejections of their applications unless there is “good reason.”

Currently, deportation orders are suspended if applications are pending.

Government officials contend the current system is being abused by some foreigners eager to remain in Japan.

The CDP and the JCP assert that those who genuinely need protection will be deported if the bill is enacted, referring to cases where foreign nationals were recognized as refugees only on a third application or after a court ruling.

The two opposition parties had pushed for setting up a third-party organization to ensure fair and neutral screening of refugee status applications.

Japan has courted intense international criticism over its track record of accepting refugees. Only about 1 percent of such applicants gain approval.

The government has rejected calls for a third-party organization on grounds that refugee recognition and immigration and residency control procedures are closely intertwined.

During negotiations on the amendment of the government bill, the ruling coalition at one point agreed to attach a supplementary provision about “considering” a third-party organization. This was intended to partly reflect the CDP’s proposal.

But the compromise fell through because the CDP feared that such ambiguous wording could not guarantee the creation of an independent organization.

The government said a framework will be established to consider and decide every three months whether those being detained can live away from detention facilities under the monitoring of supervisors.

Currently, foreign nationals overstaying their visas continue, in principle, to be detained until they are deported.

Immigration authorities will decide on a case-by-case basis whether certain individuals should be detained or allowed to live under the monitoring of supervisors.

During deliberations in the Lower House, the government was asked whether foreign nationals overstaying their visas will always be able to find appropriate supervisors.

The government responded that authorities would work closely with supporters’ groups and lawyers’ organizations to secure supervisors.