What to Do After Being Detained in a Foreigner Shelter: Strategies for Temporary Release and Lawful Discharge

1. Is it all over once you enter the shelter?

If the Korea Immigration Service determines there are grounds for deportation and believes there is a risk the individual might flee, they may issue a Detention Order. It is important to understand that this is an administrative measure to facilitate legal proceedings—not a criminal punishment or a prison sentence. Think of it as a stage to secure your presence until the process is complete.

In principle, the detention period is within 10 days, but it can be extended once if necessary. However, in cases where actual deportation is being prepared, detention may continue until departure becomes possible. This is why the detention phase is critical. The documents you prepare and the explanations you provide during this window can completely change the trajectory of your case.

2. What is life like inside the shelter?

While a foreigner shelter is different from a prison, there are still significant restrictions on daily life.

• Living Quarters: Residents live in shared spaces divided by gender and circumstances, following a set daily schedule.

• Meals and Medical Care: Three meals a day are provided, and basic medical care is available. If specialized treatment is required, escorted visits to outside hospitals are possible.

• Visitation and Communication: You are permitted to meet with family, acquaintances, and legal counsel. Access to phones and computers within the facility is also provided.

• Religion and Exercise: Religious activities and designated exercise times are permitted.

3. How to get out: Temporary Release and Objections

1) Temporary Release of Detention

This system allows for a temporary suspension of detention upon the payment of a deposit (bond) if there are "special circumstances" such as medical treatment, urgent family matters, or ongoing litigation. The deposit can be set at up to 20 million KRW. Immigration considers the following:

• Whether medical treatment is genuinely and urgently required.

• The sufficiency of family or humanitarian grounds.

• The likelihood that the individual will continue to comply with proceedings once released.

• Past conduct and the nature of the immigration violation.

Simply stating that the situation is "difficult" is not enough. You must provide objective evidence, such as medical certificates or court documents.

2) Filing an Objection to the Detention Order

If you believe the Detention Order itself is legally flawed, you can file an administrative objection or proceed through the court system. Additionally, if the Deportation Order is problematic, you can file an Administrative Lawsuit alongside a Stay of Execution.

Time management is vital at this stage. Since it is difficult to gather evidence while detained, help from family members or legal experts is essential.

4. Don't Miss the "Golden Time" of Detention

Even if it isn't a prison, detention is a distressing and desperate time. Your response at this stage does more than just get you out of the shelter—it can determine your chances of re-entering Korea in the future.

• Rapid Response: Immediately after entering a shelter, communication with the outside world is limited, making it nearly impossible to prepare documents alone. SugarSquare Law & Advisors quickly identifies the facts through prompt legal interviews and secures all necessary evidence (medical records, litigation logs, guarantor verification) for Temporary Release.

• Sophisticated Strategy and Petitions: Temporary Release is at the discretion of the Ministry of Justice. Based on extensive experience, SugarSquare supports your case with unrivaled legal logic.

• Integrated Management from Screening to Re-entry: We look beyond the immediate release, planning for lawsuits to nullify deportation or strategies to shorten entry ban periods.

If a Detention Order has been issued, do not waste time. You must review the strategies available to you right now. SugarSquare will do its utmost to improve your situation as quickly as possible.

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