Few years ago I had been arrested and charged for violation of the firearms act (in simple English “guns”). The police came at night as I was entering my residence and handed me a court order “arrest warrant”, they handcuffed me and I was taken to the prosecution office right after, detained and incarcerated without bail.
My lawyers helped me on my case and applied for bail many times but sadly, at the end of the day I was found guilty sentenced and transferred to Taipei Prison without any chance of walking free, after many difficult years behind bars I finally got parole and informed of release.
As I am an American citizen, although I am Chinese or Taiwanese descent, but I hold a US passport so in theory a foreigner, if being sentenced to more than 2 years, will be deported, under immigration law. After prison, theoretically a free man as my case finished, but immigration officers were informed and they waited for me outside prison. Once I left prison gates they handcuffed and shackled me and put me in their car and drove me right off to the immigration office straight away, at immigration centre I requested to call my lawyer and ask for bail to await for deportation but the immigration officers were real strict, gave me a no nonsense attitude asked if I have a passport and forced me to buy my ticket and leave right away. They told me if I have no ticket or flight I could wait but they have the right detain me for 15 days without going to court and I would be sent to an immigration detention center, I could not seek for bail even if I tried to call my lawyer or anyone I know in Taiwan because this is the law, if my visa and residence status has expired and I have no right to stay in the country anymore, only after 150 days (the longest detention period) if I cannot be deported they have to let me go or bail), they took my photo and prints and register me under someone that has violated immigration law, overstayed and visa cancelled or expired. Being under threat or coercion I have no choice as I do not want to be detained any longer after prison, so they took me to the airport without cuffs and escorted me to board my flight. This is really a terrible experience as I expected they would give me time to buy my ticket, I left Taiwan right away without any chance of meeting anyone or dealing with my property and bank account. I was treated just like any other illegal worker (逃逸外勞）would be treated if they were being arrested, however I’m not a illegal worker, in my other post I have inquired how many years would banned from entering Taiwan, however the way they treated me was really terrible I do not know if it is legal as I was taken to the airport immediately after prison without any chance of walking free on Taiwanese soil.
This is not a novel as I know people will say I left out a lot of details because I want to keep a long story short, this is my first hand experience of deportation
You were convicted of a serious crime, yet you expect the consequences to be a good experience?
Of course, gotta love the American Exceptionalism koolaid.
Not in theory. In reality. Not a citizen? You are a foreigner, full stop.
No, that is wrong. You violated the terms of your permission to stay here. You do not have the right to be here, only citizens do and serious crimes are, in almost every country, deportable offences.
I know I have committed a crime and I’ve paid the price. The point is what they are doing is it legal? I had no time to pack my things and call anyone, they forced me to leave immediately. Their attitude was ‘let’s make things simple , leave immediately otherwise if you want to call your lawyer or asked to stay longer, we can make things difficult for you, maybe detention” I do not know if this is appropriate. My lawyer told me he do not know anything about immigration law because in theory after prison I should not be detained or treated like a criminal anymore. Yes I did call him but only after they have bought my ticket and ready to take me to the airport they allowed me a phone call. No threat because I’m already booked to leave.
From some responses, I guess no one here is a lawyer or real immigration expert, but only someone that like to speak in a moral judgemental tone. Sorry maybe this is not the most appropriate place to discuss such a sensitive matter such as deportation.
Why would you be treated better than an illegal worker? You both broke the law. I guess if you wanted to contest it the thing to do was take the immigration detention. I wouldn’t advise it though. If they were lying to you they would have tried to get you to sign some kind of statement or something, I’d wager. It is what it is, you made the right choice.
As others said. You had permission to stay in Taiwan under your residence permit. It gets revoked if you commit a serious crime. The deportation is automatic and not negotiable.
Only if you successfully had fought the charges in court, you wouldn’t have been deported.
One doesn’t have to be a lawyer to understand immigration rules. Your lawyer might not be familiar with those as they are Taiwanese and never looked up regulations for foreigners.
Not theory. You are an American. Finished. Your ethnicity doesn’t mean squat.
However, since you harp on the “Chinese” aspect of your identity so readily, I suggest you move back to the motherland. China wouldn’t know your criminal history here in Taiwan as we are not part of China and don’t share records. China is very similar to Taiwan in that there are a bunch of Han Chinese people living there. Best of luck.
Under the Nationality Law of the ROC, there is something called ‘overseas Nationals without household Registration’ Also relating to law governing people of Mainland area and Taiwan area, law governing Hong Kong people and Macau people. There are a lot of overseas people they have not or not yet entered full ROC citizenship. Only under the DPP government and the “Taiwanese identify logic” they call us foreigners nowadays. I entered Taiwan with a US passport because it is easier or travel and they stay here. In theory I can call myself Taiwanese or Chinese.
My late grandfather was a colonel in the ROC army.
But do you have a Taiwanese passport? If not, you’re SOL. Again, no one cares what you decide to call yourself. There are rules just for this reason.
Just try an immigration lawyer, otherwise you’ll be here spinning your wheels with 99% of posters who disagree with your position and praying for the 1 outlier who thinks you have a case.
i raise you one , i was born in taiwan to a taiwanese mother and i have been and are treated exactly as if i was a tourist in taiwan.
i do think the ICE in the USA are much more forceful even if you are a US citizen they manhandle you and jail you and ask questions later.
next to drugs GUNS are a major offense in Taiwan. And probably being American you did not get beat up in jail to obtain a “confession” Some have been badly injured and yes even “accidentally fell off the balcony” while under detention.
The argument now is not whether I
should be deported, I do understand that if I entered with a foreign passport after my sentence I have to leave Taiwan as my visa or residence status has expired, the point now is how I’m being treated by immigration officers, the legality of such procedure, because I really thought that I could negotiate the terms with them, such as when to purchase my ticket, allowed to go home first and pack my stuff. However they booked me in just like a criminal and kicked me out without giving me time to sort things out, I was technically detained 6 hours in the immigration office while they took my record and after immediately being taken to the airport. I was also handcuffed and shackled when the immigration officers picked me up from prison which is totally unnecessarily as if I am a dangerous criminal. Well regarding to signing of papers they did ask me sign a letter to agree to my deportation which I could contest to court within 10 day but I had already been deported, what’s the use.
decades ago i met a phil girl who had been illegally working in taiwan (she was working as a maid for a different family than the one she came in to work for, which is illegal). after i left i got an email that she was arrested and taken to the deportation holding area (jail) and after paying for a ticket was escorted to the airport under guard and put on a plane. I think she was banned from reentry but i didnt hear how long.
they are pretty tough on people that violate the law in taiwan (if they care to be bothered at all). They care to be bothered by your offense becuase it was considered serious.
to the OP. if you hold a tw passport you can now enter with that? See what happens. WE will get out the popcorn and maybe a soft drink or two…or make that a gin tonic or two.
To reply to your question above , will be banned for a number of years but not permanently, the ban can be extended or lifted depends on circumstances which I do not have futher details now. Yes I do have more than one passport I have actually considered such a question but the risk is that I am under the same name and prints taken by immigration. I will defiantly come back to Taiwan again but only after time and consultation to come up with the best way.