Temporary Release from Protection: Practical Strategies by Immigration Lawyers to Secure Release from Detention Centers

  Recently, cases of foreigners being transferred to immigration detention centers without prior notice have been rapidly increasing, often due to overstaying their permitted period of stay or failing to comply with a departure order.   When individuals are suddenly detained through unexpected crackdowns, not only the person concerned but also their family and acquaintances can easily fall into confusion without fully understanding the situation. As a result, most people reach out for help without even grasping the basic requirements—such as the eligibility criteria for applying for temporary release from detention, the necessary supporting documents, or the validity of their residence status.   However, if clear grounds can be demonstrated, there are indeed cases where release from detention has been approved, allowing temporary freedom of movement.   To make effective use of this system, it is essential to thoroughly analyze the ongoing legal procedures, confirm the eligibility requirements for application, and carefully assess whether sufficient supporting evidence can be secured. In particular, delays in initial response can accumulate serious disadvantages, making it crucial to seek the assistance of an immigration lawyer and proceed with careful judgment.    

Contents

 

1. Main Reasons for Detention in Immigration Centers

 

2. Requirements and Procedures for Applying for Temporary Release from Detention

 

3. Why the Assistance of an Immigration Lawyer Is Essential

 

4. Real Cases of Temporary Release Granted to Detainees in Immigration Centers

 

5. Temporary Release from Detention: Preparation Comes Before Waiting in Uncertainty.

   

1. Main Reasons for Detention in Immigration Centers

  Immigration detention centers are not the same as ordinary prisons where criminal sentences are carried out. However, foreigners who have been found in violation of immigration law or who are subject to deportation proceedings may be held in these facilities for a certain period of time.   This measure is not a criminal punishment for an offense, but rather an administrative disposition imposed at the discretion of the immigration authorities.   In practice, detention is carried out for reasons such as the following:

• Prolonged stay in Korea without valid residence permission
• A final criminal conviction that has been reported to the immigration authorities
• Failure to depart within the designated period after receiving a departure order
• Cases where there is a risk of flight or difficulty verifying identity, making detention necessary
• Remaining in the country after the visa has expired without taking proper action

  That said, a detention order does not mean that all rights are completely restricted. If certain requirements are met, there are actual cases where temporary release has been granted, allowing limited freedom of movement outside the facility.    

2. Requirements and Procedures for Applying for Temporary Release from Detention

  Temporary Release from Immigration Detention is a system that allows a foreign national held in a detention center to be granted temporary permission to go outside, provided certain conditions are met.   However, mere appeals are not enough for approval. The reasons must be clear, supported by proper evidence, and the applicant must also demonstrate the ability to pay a security deposit (guarantee).   Basic Review Requirements

• Ability to pay a deposit (guarantee) ranging from 3 million to 20 million KRW
• Specific grounds justifying temporary release, supported by evidence

  Examples of Cases with Higher Likelihood of Approval

• Medical Treatment: When the necessity of treatment can be verified through medical certificates, hospitalization reports, etc.
• Court Proceedings: When personal appearance is required for an ongoing lawsuit
• Security Deposit Refund: When external action is needed to settle a lease deposit of 10 million KRW or more
• Unpaid Wages: When outstanding wages exceed 10 million KRW
• Family Death: When a spouse or immediate family member passes away in Korea

  Requests for temporary release must be submitted directly to the immigration office that has jurisdiction over the detention center. If the evidence provided is insufficient or the statements are unclear, approval may be denied.   Moreover, if any false information is discovered in the supporting documents, additional disadvantages may follow, making it essential to prepare materials based strictly on fact.    

3. Why the Assistance of an Immigration Lawyer Is Essential

  Temporary release from detention cannot easily be granted merely by appealing to personal circumstances or by submitting brief statements and formal documents. To obtain permission to leave the immigration detention center, the reasons for release must be logically organized and fully supported with appropriate evidence.   For example, if supporting materials such as medical certificates, hospitalization reports, contracts, or litigation documents are incomplete, the application may be excluded from review or is highly likely to be dismissed. For this reason, the assistance of an immigration lawyer—who understands the practical procedures—is often essential in applying for release.   In practice, professional assistance is particularly required in the following areas:

• Preparing documents in accordance with the immigration office’s administrative standards
• Structuring the stated grounds in a way that enhances persuasiveness during review
• Developing a response strategy linked to the possibility of canceling a deportation order
• Establishing a comprehensive plan that also considers residence status issues after release

  At every stage, the grounds for release must be clearly set out, and the credibility of submitted documents must be thoroughly verified. In addition, it is necessary to prepare a forward-looking strategy that takes into account potential residence status issues following release.    

4. Real Cases of Temporary Release Granted to Detainees in Immigration Centers

  Mr. A, a Vietnamese national, entered Korea on a short-term visa. However, due to flight suspensions caused by COVID-19, he was unable to return to his home country and overstayed his permitted period of stay. In order to make a living, he worked as a day laborer at a cleaning company on the outskirts of the metropolitan area. During an identity check for foreign nationals, he was transferred to an immigration detention center and placed under protective custody.   Mr. A had long suffered from back pain, and after being detained, his condition worsened to the point that even basic movement became difficult. A hospital diagnosed him with a “herniated disc,” and the attending physician determined that medication alone would not be sufficient for recovery. In fact, his pain had become so severe that it restricted his ability to move even within the detention facility.   With the assistance of an immigration lawyer, Mr. A’s employer expressed willingness to provide both the required security deposit and housing, ensuring that he would have a basic living environment while receiving treatment until his departure. Taking these circumstances into account, the competent immigration office approved his release from detention, granting him a two-month temporary release period for medical procedures and recovery.    

5. Temporary Release from Detention: Preparation Comes Before Waiting in Uncertainty.

  Spending time in an immigration detention center without taking any action can ultimately reduce one’s chances of restoring legal residence status. The application for temporary release is not a simple request for permission to go outside; it is a formal procedure that can only be granted when there is a specific necessity, supported by clear and objective evidence.   If urgent medical treatment is required or if you are preparing for litigation, it is crucial to explore the possibility of using this system as early as possible. Merely appealing to personal circumstances is insufficient—you must carefully establish why temporary release is necessary and what evidence supports your claim.   By working with an immigration lawyer experienced in administrative practice before immigration authorities, you can not only prepare an effective application for temporary release but also develop a long-term strategy for your future residence status.