The National Immigration Agency shall deport an alien if he/she commits any of the following offenses:
1. Violation of the provisions stated in Paragraph 1 of Article 4 by entering the State without inspection
2. Violation of the provisions stated in Paragraph 1 of Article 19 by temporarily entering the State without permission
The National Immigration Agency may deport or order an alien to exit the State within ten (10) days after he/she receives the deportation order, based on any of the following circumstances; The National Immigration Agency may deport an alien who has failed to exit the State within a given period of time of the order.
1. Has entered the State and been found in violation of any of the provisions indicated in Paragraphs 1, 2 of Article 18 which prohibits entry into the State
2. Has failed to comply with requirements such as documents, certificates, and periods/place of visits, stipulated under Paragraph 2 of Article 19
3. Has violated the provisions stated in Paragraph 2 of Article 20 by leaving the designated overnight lodging facility without permission
4. Has violated the provisions stated in Paragraph 1 of Article 29 by engaging in activities that are inconsistent with the purpose of visit or residence
5. Has failed to comply with regulations concerning restrictions on his/her residence and activities as set by the National Immigration Agency in accordance with Article 30
6. Has violated the provisions stated in Paragraph 1 of Article 31 by failing to apply for extension of stay or residence prior to the expiration date of the visitor or residence permit; however, exceptions can be made depending on the condition stated in Paragraph 3 of Article 31
7. Has met the provision indicated in Paragraph 4 of Article 31 and the reason for residence no longer exists, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate
8. Has violated the provisions stated in Paragraphs 1 to 3 of Article 32, resulting in the cancellation of the alien’s residence permit and revocation of the Alien Resident Certificate
9. Has violated the provisions stated in Subparagraphs 1 to 3 of Article 33, resulting in the cancellation of the alien’s permanent residence permit and revocation of the Alien Permanent Resident Certificate
Upon learning that a criminal act has been committed by an alien (based on the preceding two Paragraphs subject to judicial process), the National Immigration Agency shall notify the relevant authorities ten (10) days prior to the execution of deportation. Unless the alien is detained, arrested, taken into custody or prohibited from exiting the State under the law, the National Immigration Agency may deport or order an alien to exit the State.
The National Immigration Agency shall provide the alien an opportunity to submit claims before deportation is enforced in accordance with the provisions; and shall convene a review committee meeting before deporting the alien, who has already acquired a residence permit or permanent residence permit. However, the alien shall be deported without undergoing a review process if he/she falls under any of the following circumstances:
1. Having presented a written statement renouncing his/her rights to file a claim or having chosen to exit the State voluntarily
2. Having been sentenced to deportation as a result of a final court decision
3. Having been ordered to exit the State pursuant to other laws
4. Having been found guilty of endangering national interest, public safety, and public order or engaging in terrorist activities, an enforcement action shall be immediately undertaken given the urgency of the matter
The party in the preceding Paragraph may engage attorneys and interpreters to attend on site when the claim submission procedure or the review committee meeting is proceeded. The National Immigration Agency may, however, restrict or prohibit if it is possible that such attending may damage national security or if their conduct is inappropriate and sufficient to impact the on-site order or the proceedings.
Competent authorities shall enact regulations on the deportation enforcement process mentioned in Paragraphs 1 and 2 and the preceding Paragraph, along with the respective deportation methods, procedures, management, on-site permission for the attorneys and interpreters, the restrictions or prohibitions thereof, and other guidelines.
The review committee meeting referred in Paragraph 4 shall be selected and appointed by competent authorities from representatives of relevant agencies, independent community representatives, scholars and experts. The number of single gender committee members should be no less than one third, while scholars and experts should make up one half or more of the total number of committee members.

The National Immigration Agency can request concerned departments or organizations for assistance or necessary information that would help investigate nationals without household registration in the Taiwan Area and are involved in any of the cases mentioned in Paragraphs 1 and 2 of Article 15, as well as aliens who are involved in any of the cases indicated in Paragraph 1 of the preceding Article. The requested departments or organizations must not reject the request except for justifiable reasons.
When nationals without household registration in the Taiwan Area or aliens have served out their sentences or will be released for a reason, the prison facility, vocational training facility, drug rehabilitation center, reform school, or correctional school should notify the National Immigration Agency.

An alien who is sentenced to deportation and falls under any of the following circumstances may be temporarily detained by the National Immigration Agency if it is difficult or unable to execute the deportation. The duration of temporary detention may not exceed fifteen (15) days. The alien shall be allowed to submit claims before the temporary detention order is implemented:
1. Without relevant travel documents to execute the deportation order.
2. With whereabouts unknown or intention to escape or unwillingness to leavethe State.
3. Wanted by a foreign government.
After allowing an alien to submit claims in accordance with the provisions of the preceding Paragraph and circumstances stated in the preceding Paragraph that deem temporary detention unnecessary, the National Immigration Agency may permit him/her to find a national with household registration in the Taiwan Area or a representative of a charitable organization, non-governmental organization or embassy, consulate, or authorized organization in the State who can provide bail or pay a specific amount of bail bond, in compliance with part or all of the following conditions of detention alternative sanction, and to facilitate the execution of deportation:
1. Report periodically on one’s activities of daily living at designated Specialized Operation Corps of the National Immigration Agency.
2. Restrict his/her place of residency in designated locations.
3. Receive a visit periodically at designated places.
4. Provide contact information and telephone number, and respond promptly when being contacted by any personnel of the National Immigration Agency.
5. Apply for a travel document for return to his/her home country as requested.
6. Not engage in unpermitted activities or employment.
In case an alien who is temporarily released from detention violates the aforementioned conditions, the National Immigration Agency may confiscate the bail bond as stipulated in the preceding Paragraph.

An alien who falls under any of the following circumstances may be suspended his/her temporary detention:
1. Is mentally impaired or physically sick, and the detention could affect treatment or endanger his/her life
2. Has been pregnant for five (5) months or longer, or has given birth or had a miscarriage for less than two (2) months
3. Children under twelve (12) years old;
4. Has contracted an infectious disease indicated in Article 3 of the Communicable Disease Control Act
5. Is unable to take care of himself/herself due to senility or physical or mental disability
6. Has been prohibited from exiting the State at the request of judicial authorities
After the National Immigration Agency suspends temporary detention pursuant to the preceding Paragraph or terminates temporary detention order or ceases detention pursuant to Paragraph 1 or 2 of Article 38-7, it may impose alternative sanctions to detention order pursuant to Paragraph 2 of the preceding Article as well as notify registered social welfare institutions to provide social welfare, medical resources and shelter.

Any detainee or his/her spouse, blood relative, legal representative, or sibling may verbally or file in writing a notice of motion or objection against the temporary detention order under Paragraph 1 of Article 38 during temporary detention and after receipt of the “Notice of Mandatory Temporary Detention,” with grounds to the National Immigration Agency; the National Immigration Agency shall make a written record if the notice is given orally.
After receiving the notice of motion or objection, the National Immigration Agency shall conduct a review based on itsauthority. If the objection has sufficient grounds,, the original temporary detention order may be revoked or terminated. If it hasn’t sufficient grounds, the detainee shall be presented in court within twenty-four (24) hours along with the objection letter, objection records, the National Immigration Agency’s opinions and case files. However, if the court decides to conduct remote proceedings in accordance with related provisions of the Administrative Litigation Law, it would be assumed that the National Immigration Agency has presented the detainee in court with the corresponding case file and documentation.
In Paragraph 1 wherein a person files a notice of motion in court or against other authorities, the court or other authorities should immediately forward the objection to the National Immigration Agency. The date the National Immigration Agency receives the notice, shall serve as the starting point for the objection proceedings against the detention order.
The remedy procedures of filing an objection against the temporary detention should be followed. The aforementioned remedy procedures are not be applied to the remedies of revocation or confirmation of an appeal.
The temporary detention order shall become invalid since the court ruling against such detention objection has been determined and this allows the release of the detainee.

The time spent on one of the following circumstances shall be excluded in the twenty-four hour restriction indicated in Paragraph 2 of the preceding Article, unless there is no unnecessary delay:
1. The time spent on the delay caused by traffic obstruction or force majeure;
2. The time spent during the transfer of an detainee;
3. The interview cannot be conducted due to a detainee’s sudden health prbolems;
4. The person filing the objection according to Paragraph 1 of the preceding Article disagree to make written recordsin the evening;
5. The records can’t be prepared without the presence of an authorized representative to represent the detainee. The time spent on waiting for an authorized representative shall not exceed four hours. The same rule applies to waiting for persons named in Paragraph 1 of the preceding Article in case a detainee with intellectual and development of disability fails to provide a clear and complete statement;
6. The records cannot be prepared without the presence of an interpreter that the detainee may require. The waiting time for an interpreter shall not exceed six hours;
7. The time spent while judicial authorities review a criminal case;
Based on the proceeding Paragraphs, the National Immigration Agency shall specify the reason in the written report to the court.
Where the National Immigration Agency fails to bring a detainee to court within twenty-four hours, the detention order shall be terminate and the detainee be released.

Prior to the deadline of the temporary detention and when it is necessary to continue the detention order, the National Immigration Agency shall apply for continued detention with reasonable grounds to the court for a ruling no later than five (5) days before the deadline.
In case the detainee’s passport or travel document is lost or expired without replacement, reissuance or extension prior to the deadline of the continued detention or the detainee cannot be deported from the State due to natural disasters, epidemic or other force majeure, if it is necessary to continue the detention order, the National Immigration Agency shall apply for extended detention with reasonable grounds to the court for a ruling no later than five (5) days before the deadline.
The period of continued detention shall not exceed forty-five (45) days from the deadline of temporary detention; the period of extended detention shall not exceed forty (40) days from the deadline of continued detention.
In case the detainee cannot be deported from the State due to natural disasters, epidemics or other force majeure prior to the deadline of the extended detention in the preceding Paragraph and meets any of the following circumstances, and when it is necessary to continue the detention order, the National Immigration Agency, after respectively consulting with the Coast Guard Administration, Ocean Affairs Council, the National Security Bureau, and other related authorities, shall apply for re-extended detention with reasonable grounds to the court for a ruling no later than five (5) days before the deadline:
1. Enter the State without permission.
2. Ever committed a crime under the National Security Act or the Anti-infiltration Act and was convicted of a criminal offence.
The period of re-extended detention in the preceding Paragraph shall not exceed forty (40) days each time from the deadline of the last extended detention.
The procedural regulations with respect to the petition for extended detention under Chapter IV, Part II of the Administrative Litigation Act apply to the petition for re-extended detention in Paragraph 4.

Upon learning that a criminal act has been committed by an alien detainee subject to judicial proceedings, the National Immigration Agency shall notify the relevant judicial authorities ten (10) days prior to the execution of deportation. Unless the alien detainee is detained or prohibited from exiting the State under the law, the National Immigration Agency may deport or order the detainee to exit the State.
Before this amended Act was enforced on January 23, 2015, an alien who falls under any of the circumstances in Paragraph 1 of Article 38 is suspected of involvement in a criminal act and is detained at a location designated by judicial authorities. Once convicted, the alien is detained for one (1) day at a detention location pursuant to Article 39, which is considered a one (1) day sentence, furthermore, the accumulated days of detention may also offset the fine determined based on the provisions prior to the amendment of this Act.
For aliens convicted of involvement in criminal activities who have not completed their sentences before December 9, 2011, their time served in detention places referred to in Article 39 before the enactment would be included in the sentences based on the previous offset provisions.
Before this amended Act was enforced on January 23, 2015, an alien who is detained by the National Immigration Agency for no more than fifteen (15) days may file for a notice of motion or objection against the detention order in accordance with Paragraph 1 of Article 38-2. This can be done before the period of fifteen (15) days provided that it is necessary to continue the detention. Thus, a continuation of the detention period may be applied for with sufficient grounds submitted to the court.
If an alien stated in the preceding Paragraph, is detained for fifteen (15) to sixty (60) days or over sixty (60) days when the amendment was enforced, the National Immigration Agency shall necessarily apply for a continuation or extension of the detention period and submit sufficient grounds to the court.
Based on the preceding two Paragraphs, the time period of detention before and after the amended Act was enforced on January 23, 2015 shall not exceed one hundred (100) days.

The subject shall be notified in writing of the temporary detention order, alternative sanction to detention and deportation. Using the subject’s familiar language, the National Immigration Agency must also provide the reasons for the decision, the methods or ways to remedy, the duration of detention, relevant authorities, and other related regulations. The embassy or consulate in the State of the subject’s country of origin, shall also be notified of the detention decision no later than twenty-four (24) hours.

After the National Immigration Agency executes temporary detention or the court rules in favor of continued detention, extended detention or re-extended detention, if the detention is groundless, unnecessary, or refutable, the National Immigration Agency may, based on its authority, terminate temporary detention order or cease detention and then release the detainee.
Where the court dismisses the petition for continued detention, extended detention or re-extended detention by a ruling, the National Immigration Agency shall cease detention and release the detainee. The same rule applies to the situation where the period of temporary detention, continued detention, extended detention or re-extended detention expires and no petition for continued detention, extended detention or re-extended detention is submitted to the court.
In case an alien who is suspended temporary detention in accordance with Paragraph 1 of Article 38-1 or a detainee whose temporary detention order or cease of detention is terminated in accordance with the preceding two Paragraphs violates the alternative sanctions detention order under Paragraph 2 of Article 38-1, the National Immigration Agency may confiscate the bail bond.
After the court permits continued detention, extended detention or re-extended detention by a ruling, if the detainee is deported from the State or receives order pursuant to Paragraph 1, the National Immigration Agency shall timely notify the court of the original ruling.

If an alien, who is suspended temporary detention in accordance with Paragraph 2 of Article 38 or Paragraph 1 of Article 38-1 or whose temporary detention order or cease of detention is terminated in accordance with Paragraph 1 or 2 of the preceding Article, falls under any of the following circumstances and is obviously difficult to be deported from the State without detention, the National Immigration Agency may impose repeated temporary detention on him/her and apply to the court for continued detention, extended detention and re-extended detention by a ruling before the deadline:
1. The alien violates the alternative sanctions detention under Paragraph 2 of Article 38 or Paragraph 2 of Article 38-1.
2. The reason for terminating the temporary detention order or the ceasing of the detention no longer exists.
The period for repeated detention of an alien mentioned in Subparagraph 1 of the preceding Paragraph shall be recalculated.
The time period for repeated detention of an alien mentioned in Subparagraph 2 of Paragraph 1 shall be calculated in combination with other time periods of detention for the same case. Except for the re-extended detention under Paragraph 4 of Article 38-4, the period shall not exceed one hundred (100) days.
Before the amended Articles of this Act as of May 30, 2023 are enforced, if an alien receives repeated temporary detention, continued detention or extended detention pursuant to Paragraph 1 before amendment, the provisions before amendment shall apply to the period for his/her repeated detention.

The court may conduct remote proceedings for cases involving objections against detention, continued detention, extended detention and re-extended detention.
The methods, procedures and other regulations concerning operating processes that require the National Immigration Agency to send a detainee to court or remotely participate in a court proceeding as stated in the preceding Paragraph shall be enacted by Executive Yuan together with the Judicial Yuan.

The National Immigration Agency shall set up or designate appropriate places for the detention of aliens; the competent authority shall enact regulations that govern the procedure of detention, means of administration and other matters which must be complied with.