When a person is placed in an immigration detention center, communication with the outside world is restricted, and even access to medical treatment or document review requires approval from the detention authorities. As a result, it is extremely difficult for detainees to independently verify procedures or prepare necessary steps on their own.
In particular, the appropriate response varies depending on the reason for detention—such as overstaying, visa cancellation, or involvement in a criminal case—and the subsequent immigration strategy must be adjusted accordingly.
However, once detention measures are imposed, time does not resolve the situation. Whether the goal is temporary release from detention or preparation for administrative appeals, the first priority is determining which supporting evidence must be gathered and in what order.
Because this system is unfamiliar and complex, there are significant practical limitations for detainees or their families to handle the matter on their own. For those seeking viable alternatives that fit their circumstances, obtaining assistance from a professional who can develop a tailored response strategy is the most efficient approach.
Contents
1. Under What Circumstances Does Detention at the Hwaseong Immigration Detention Center Begin?
2. Are Detainees Automatically Released from the Detention Center? No, They Are Not.
3. Temporary Release from Detention: When Is It Possible and What Needs to Be Prepared?
4. The Outcome Depends on How You Prepare.
5. Temporary Release from Detention: Now Is the Time to Prepare.
1. Under What Circumstances Does Detention at the Hwaseong Immigration Detention Center Begin?
There are more reasons than most people expect for being transferred to the Hwaseong Immigration Detention Center. Because the appropriate response differs depending on the circumstances, it is important to first clearly identify the reason for your detention.
First, you may be detained after being apprehended while staying illegally. If your period of stay has expired or repeated violations are confirmed, a detention order may be issued.
Second, detention may occur after a visa has been cancelled. If a visa becomes invalid due to reasons such as submitting false documents, unauthorized employment, or violating restrictions on permitted activities, the person may be handed over to the detention center without separate immigration procedures.
Third, detention may follow after a criminal case is processed and then transitions into an administrative procedure. After receiving criminal penalties for offenses such as fraud, drug-related crimes, or drunk driving, detention measures may continue.
Fourth, failure to comply with a departure order can lead to detention. If a person does not leave within the designated period, they may be transferred to the detention center regardless of their stated intention to remain.
Because the required documents and response strategy differ by reason, confirming the grounds for detention is the starting point before considering release. An accurate assessment at the initial stage will determine the direction—and ultimately the outcome—of the response.
2. Are Detainees Automatically Released from the Detention Center? No, They Are Not.
The Hwaseong Immigration Detention Center is not a jail for criminal offenders but a facility used to carry out immigration control procedures. However, the expectation that detainees will be automatically released after a certain period of time does not reflect reality.
While detention is maintained, the following procedures are carried out internally:
- Deportation review
- Offender review
- Review of re-entry restrictions
- Determination of detention extension and finalization of the departure schedule
The issue is that all of these processes are decided quietly within the detention center, making it difficult for the individual or their family to be aware of what is happening from the outside. In particular, for those with a history of illegal stay or violations of stay conditions, a departure schedule may be set without any prior notice.
For this reason, it is crucial to review and prepare response measures—such as applying for temporary release from detention—as early as possible.
3. Temporary Release from Detention: When Is It Possible and What Needs to Be Prepared?
Temporary release from detention is a system that allows a foreign national detained at the Hwaseong Immigration Detention Center to reside outside the facility on a limited basis if certain requirements are met. Detention status itself remains in effect, but limited external activities or residence are temporarily permitted.
Common grounds for application include the following:
Need for family care
Cases where the detainee must personally care for minor children, elderly parents, or a spouse with a medical condition
Need for continuity of medical treatment
Situations where adequate treatment is difficult to receive within the detention center, or where interruption of regular outpatient care may pose a serious health risk
Ongoing legal proceedings
Cases in which legal matters—such as wage claims, civil lawsuits, or criminal complaints—are currently pending before a court or administrative authority
However, approval is not granted based on stated reasons alone. Factors such as the individual’s basis for stay, intention to depart, and verifiability of identity are comprehensively reviewed. In particular, applications involving a history of illegal stay or criminal records are subject to much stricter scrutiny.
Ultimately, what matters is not merely stating the reason, but presenting objective evidence that substantiates it.
4. The Outcome Depends on How You Prepare.
Temporary release from detention is not granted simply by appealing to personal hardship.
The Hwaseong Immigration Detention Center and immigration authorities place greater importance on how well the stated reasons are substantiated than on the applicant’s explanation alone.
In general, the following materials should be prepared:
Family-related documents
Marriage certificates, family relationship records, certificates of children’s school enrollment, and similar documents
Evidence of stable living conditions
Lease agreements, employment contracts, tax filing records, and related materials
Medical documentation
Hospital medical certificates, treatment plans, and specialist opinions
Statement of circumstances and grounds
An explanation of the violation, current circumstances, and plans to prevent recurrence
Guarantee and supervision plan
Proposed place of residence, identity of a guarantor, and measures for managing the applicant’s stay
During the review process, the logical structure and credibility of the submitted materials have a greater impact than their sheer volume. In particular, cases involving a history of illegal stay or prior criminal proceedings require a more detailed and well-organized strategy.
Temporary release from detention is not a simple application—it is a practical process of persuasion.
Because insufficient preparation significantly increases the likelihood of denial, seeking assistance from an experienced professional to develop a tailored immigration response strategy can be a realistic and effective solution.
5. Temporary Release from Detention: Now Is the Time to Prepare.
Being detained at the Hwaseong Immigration Detention Center is not merely an inconvenience. Along with the suspension of immigration status, it is a serious situation in which family life and the foundations of daily living can quickly collapse.
However, by clearly identifying the grounds for detention and carefully preparing the necessary documentation, it is possible to pursue a practical response through temporary release from detention.
Whether the situation involves being apprehended for illegal stay, visa cancellation, or transfer to detention following a criminal case, the sooner action is taken, the more favorable the course of events can become.
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