Staff writer In the days before the revised Immigration Control Law takes effect, hundreds of undocumented foreign residents have been flocking to the Tokyo Regional Immigration Bureau in Kita Ward to initiate deportation procedures, but experts say many of them may be misguided about the amendment. An "unprecedented number" of foreigners -- around 800 per day -- knock on the door of the bureau to go through the deportation process, a bureau official said. The bureau set up tents outside its building to accommodate around 500 people waiting in line for their turn. However, many of those rushing to turn themselves in may be doing so due to a misunderstanding of the revised law, according to Akihiko Suzuki, who has been voluntarily counseling foreign residents in Tokyo's Ota Ward. The amended Immigration Control Law takes effect Feb. 18. Its main pillar is the new criminal offense known as "illegal stay." In addition, the period during which people are denied re-entry after being deported will be extended from the current one year to five. This will include those who turn themselves in to the Immigration Bureau after having overstayed their visas.
The "illegal stay" offense is to be applied to those who enter the country by unlawful means and continue to stay here. Under the existing law, those who unlawfully enter Japan are able to avoid criminal charges once a three-year statute of limitations expires. However, Suzuki said many foreigners who have overstayed their visas after legally entering Japan falsely believe they will be subjected to penalties under the new law -- either a 300,000 yen fine or three-year prison term, the maximum punishment stipulated. Such misinformation is even originating from embassy officials, he added. Hidetoshi Watanabe, a pastor representing a civic group supporting migrant workers in Tokyo's Shinjuku Ward, stressed that in reality, the new law will hardly affect most overstaying residents. Despite the fines and prison time possible under the current law, in practice, it is quite rare that immigration law violators are jailed or fined. In this sense, the "illegal stay" stipulation merely serves to cover a loophole in the current law, which violators appear to have been hardly aware of anyway, legal experts say. With or without the latest amendment, overstaying foreigners always face the possibility of being charged with violating immigration laws, they added. An immigration official noted that the way the new criminal offense will be applied -- whether offenders are jailed and fined or merely deported -- is up to the courts.
Meanwhile, the extended period of re-entry denial will be a critical matter for deportees, especially those who leave their partners behind. However, the Justice Ministry, in most cases, provides special residential permission to those who are acknowledged as having bona fide marital relations with Japanese citizens, experts said. Special permission has also been extended to those raising offspring recognized as having Japanese fathers. Last week, permission was also granted to an undocumented Iranian couple with a child who has grown up in Japan. Legal experts say those who voluntarily present themselves for deportation before Feb. 18 may be doing so to insure they can come back after the one-year re-entry denial period prescribed under the existing law. However, re-entry procedures for deportees tend to take much longer and may not work out. "There is no guarantee that they will be allowed to come back immediately after the one-year ban," Suzuki said. The experts also noted that those deported after being prosecuted for violating immigration laws will be basically banned from re-entry regardless of the revision.