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Japan faces scrutiny over longer detentions at immigration centers

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As a youth he was sent to a juvenile reformatory on charges of fraud and after his release in August 2016 placed in the immigration detention center

Ok so he was sent to jail because he committed a crime.

Jonathan says he wishes to pay his debt to Japan through volunteer activities and work. But his dream seems far off.

He is not in the detention center because of HIS crime, he is there because of his parents being here illegally.

Where are they? Are they in the detention center with him as well? Japan does not have "birth-right" citizenship, so it's on his parents to do what they must to get him a legal status.

There is more to this story I am sure, and for once, would like to read it, and not have to speculate as to why he is being detained, other than the obvious.

"Investigative" journalism means just that! Investigate and give the whole story, not just bits and pieces to play to the emotions of the reader!

19 ( +22 / -3 )

This is a very baited article. Poorly written and unobjective.

12 ( +17 / -5 )

Live in the system, abide by its rules unless you're willing to face the consequences.

9 ( +13 / -4 )

I agree with Yubaru. The journalism here was pretty bad. Instead of telling a full story they just grabbed a few bits here and there to make the article sound emotional.

9 ( +10 / -1 )

Cricky

I suspect we share the same Nation (you and I).

In "our" country, the off-spring of illegals is an illegal and will be deported, alongside his/her parents No ifs, no buts.

Don't really know why you're decrying Japan for doing exactly as yours are doing daily!!!

He was born illegally in Japan, and as such Japanese Law do not accept him in the country. Simple.

8 ( +16 / -8 )

Is their a labor shortage? There has to be a middle ground here.

7 ( +9 / -2 )

@Reckless - This article decries long detentions but doesn't even say how long Jonathan has been detained.

The article states he is 23 years old and was arrested as a youth (under 20) for fraud. So, he's been in detention at least 3 years from what I can gather.

7 ( +7 / -0 )

He was born illegally in Japan, and as such Japanese Law do not accept him in the country.

No one in this world ever asked to be born.

7 ( +9 / -2 )

If you want to be stubborn and not be repatriated to the country of your citizenship, there is a jail cell for you.

Japan didn't break the laws. Someone in Jaramillo's family did, so he gets to pay for it.

It isn't like Columbia is a terrible place. Columbians rose up and took control of their country to make it livable. And learning Spanish isn't THAT hard. 6 weeks and you are functional. 6 months and you are fluent enough.

6 ( +12 / -6 )

Shocking point is his parents must of been here illegally for over 22 years. Did they pay tax? Pension? City tax? How about health insurance? How did an illegal child go to school.? They should be in prison then deported. He should stay as he was born here and lives here.

the authorities need to be more smarter. 22 years, not noticed.

after the Olympics, I suspect at least 50,000 people will overstay here forever.

6 ( +7 / -1 )

"Will be banned from bringing families", is this 21st century.

5 ( +7 / -2 )

There are not enough details here, but someone who was born to illegal immigrants will obviously not be able to obtain any status in Japan. If he had schooling, healthcare, insurance etc there must be false paperwork documentation etc.

Was he arrested for fake papers, is that the 'fraud' he committed? If so , he deserves some leniency but if its a more serious crime then the law should take its course.

But then thats my thought process, then Japanese legal system works much differently. The relative peace that we live in(and are thankful for) is maintained by strict laws with harsh and sometimes brutal consequences for those who break it.

Adding to that a Xenophobic national mindset and foreigners suffer much harsher punishment.

4 ( +8 / -4 )

Japan faces scrutiny over longer detentions at immigration centers. Apparently not enough. Human rights are a joke here.

Yes, they certainly are. Hopefully global institutions will continue to shine a very bright light on the horrendous treatment meted out to these detainees. Since there's neither money nor votes in it the LDP will do nothing, so it's up to gaiatsu to shame Japan into taking action.

3 ( +3 / -0 )

@ gainintraveller, did you read my post? I said there are injustices being done. BUT, in cases where people CHOOSE to be here (meaning what comes next does not apply to those who didn't choose to be here) they assume the risk. So you didn't have to tell me he didn't choose to be here and that these laws should not apply to him because I already knew that thank you very much

3 ( +5 / -2 )

I accidentally overstayed my visa by months and months. At the immigration office there is a special department to volunteerily report yourself. If you can prove that you can fit in and feel really sorry, you can possibly get a legal visa. I was previously deported after I got divorced and was allowed one week to pack up my apartment, tell my bosses, sort out stuff etc. lost about $5000 and separated from my partner for 2 months. No detention however, probably because I look respectable.

3 ( +6 / -3 )

The U.N. Committee on Elimination of Racial Discrimination rebuked Japan in an August report for detaining foreign nationals for indefinite periods.

I tried to find out from their website whether this is a case of only Japan or Japan as one of many but I had no luck. The article should provide this information. It is one thing if only Japan does this. Quite something else if it is standard practice in other "advanced" countries.

I don't know whether Britain counts as an "advanced" country but it does practice indefinite detention.

http://www.infomigrants.net/en/post/8479/dire-conditions-at-uk-immigration-detention-centers

So too does Australia.

https://www.undispatch.com/thousands-refugees-stuck-indefinite-detention-remote-islands-off-coast-australia-lawyer-trying-free/

As Yubaru stated, "Investigative" journalism means just that! Investigate and give the whole story, not just bits and pieces to play to the emotions of the reader!"

3 ( +7 / -4 )

I agree with the other posters here-the article needs more facts.

And forgive repetition here but.....

How is it that a 22 year old can be raised and educated in Japan without the parents being legally here?

Most of us know the checks for health cards, resident cards etc for life to be conducted here.

Lots of of info missing just on those facts.

Secondly, Jonathan was charged with fraud and sent to a reformatory?

As a minor,as an adult?

He was found guilty of fraud not merely ‘charged’ ?

And what was this fraud?

Even mistaking a date on an official form leads one open to such a charge or was he producing 10 thousand yen bills on a photocopier?

Again such a dearth of facts make reading the article pretty useless....

3 ( +4 / -1 )

As Yubaru stated, "Investigative" journalism means just that! Investigate and give the whole story, not just bits and pieces to play to the emotions of the reader!"

They're doing their best. Come on. You expect journalists to actually ask difficult questions and disturbs everyone's harmony?

3 ( +4 / -1 )

It is difficult for Japan to accept immigrant like other culture they never deal with it openly.that why I am very doubtful how the proposed law to encourage more immigrant to work in Japan due to aging population. First hurdle foreigner must face is language don't even talk about integration to the Japanese society then the fear syndrome of foreigner many Japanese be very Frank are not use to have foreigner friends or mingle around with other culture unless due to business or other dealing interest or else even they in foreign country they are very much keep to their group. The politician better think hard about the policies ,if they want to do it they better start gradually .They need to to start now may take several decade ,it not going to change overnight.

3 ( +3 / -0 )

Michael Jackson, Jaramillo Jonathan did not chose to be here illegally. He did not chose to be born here.

He had no choice. It seems likely he has never even been to another country, never been to the country of his birth.

For those who say the law must be applied however draconian it may be, I would like to point out that as well as national laws, there are international laws, and countries often flout international laws with no consequences. In theory national laws should be modified to comply with international law, and that is the point.

2 ( +8 / -6 )

The legal system is so convoluted on purpose, been here long enough to know unlimited detention is a norm. Have 4 grandchildren but somehow I'm illegal. Legally detention and sent back to my home country that I've not lived in for 30 years. Great.

2 ( +4 / -2 )

 I can only hope that they go back to their native or ancestral countries and live happily ever after.

When you are born in a particular country, ipso facto that country IS your native country.

native country

    (noun)

          - the country to which someone was born in or native to

2 ( +7 / -5 )

@spidley. He wasn’t arrested because of his parents, he was arrested for fraud. That means innocent victims suffered.

2 ( +3 / -1 )

If Japanese nationals were treated like this abroad, the Japanese would be the first to complain that their human rights have been violated.

Really? I don’t ever remember japan complaining about their nationals being locked up. Got any examples?

2 ( +3 / -1 )

He was born illegally"

Meant: he was born already an illegal.

I suppose you could say that he was born a refugee.

2 ( +2 / -0 )

I would like to point out that as well as national laws, there are international laws, and countries often flout international laws with no consequences. In theory national laws should be modified to comply with international law, and that is the point.

Japan violates international law all the time. Ask any non-Japanese mother who had her child stolen and taken back to Japan. Or the money laundering allowed by Japanese criminal organizations.

At a minimum, countries should be able to choose who can become citizens and who should be allowed inside their borders. If an international community doesn't like it, then they should take 100% of the responsibility for those people and relocate them.

The same applies for anti-abortion people. If they don't like it, then they should have the baby and be 100% responsible for it. Expecting someone else to have a baby is immoral.

There's a point where idealism and pragmatism just don't meet. I won't pretend to tell another country (the citizens) how they should treat people who are there illegally.

2 ( +2 / -0 )

The U.N. Committee on Elimination of Racial Discrimination rebuked Japan in an August report for detaining foreign nationals for indefinite periods.

I’d like to read the report.

1 ( +3 / -2 )

Not just someone, his parents did and then he himself was indicted on fraud... you know as in defrauding someone gravely enough to be sent to reform ( instead of jail cause he was minor ) , he is an illegal criminal and has no place in Japan.

If thats the best example for unjust detention they can bring up , there is no problem in Japanese immigration., in fact it should probably be stricter.

1 ( +6 / -5 )

In advanced and normal countries, a case with such unique circumstances would be decided by a judge.

Indefinate detention would be unacceptable. It seems that Japans judicial decision to the fate of this person is in the hands of some inept bureaucrat s of whom ironically are part of the Ministry of Justice. I assume Japan does have a Justice Minister. He/She needs to take responsibility for this case, or re-direct it to a judge.

1 ( +2 / -1 )

"How can one be born illegally? Did the fetus commit a crime? Did the fetus have a choice?"

That would have mean an "illegal birth"; NOT WHAT WAS SAID!!1

"He was born illegally"

Meant: he was born already an illegal.

The act of birthing was carried out by an illegal; just like it's illegal for an over-stayer to work and remain in any country.

Any "activity carried out by an illegal in an illegal activity. Yeah, including birth.

1 ( +4 / -3 )

Just a thought, but how about requiring the Columbian govt to take him (and other respective govts)? No one gets off a Columbian-based airline until he boards, for example.

1 ( +2 / -1 )

If Japanese nationals were treated like this abroad, the Japanese would be the first to complain that their human rights have been violated.

The would be interesting to see Japans reaction if every country in the world detained Japanese nationals for over staying their visa's or any other minor infraction, and refuse bail/bond straight out.

I'd support that in a heartbeat. golden rule

1 ( +1 / -0 )

Oh, come on people.

Yes, they are breaking the law of Japan. But, to just put everyone into one category no matter the individual circumstance is not right either. How about basic human 'law'. Treat others as you want to be treated. I know, it isn't a law per se but you get what I mean.

0 ( +0 / -0 )

What do they want ? A five star hotel ? You broke law and you have to be arrested. Jail is a better place, legally speaking.

0 ( +10 / -10 )

Jonathan can only speak Japanese and feels like going to live in Colombia is not even an option.

So both of his parents are Colombians yet they never spoke to him in Spanish when he was a kid? Pull the other one, dude. And what sort of fraud was he arrested for?

Very biased article, or is that some kind of reverse psychology? Not saying all overstayers should be detained and expelled manu militari but surely kyodo journos could have picked a more 'genuine' victim (of the system).

0 ( +3 / -3 )

Japan does seem obsessed with locking people up.

Not by a long shot. The US has the world's highest incarceration rate at 724 per 100,000 population. The Japanese rate is 62 per 100,000. Russia at 615 per 100,000 is the only close competition the US has.

http://news.bbc.co.uk/2/shared/spl/hi/uk/06/prisons/html/nn2page1.stm

Other sources give somewhat different numbers but all show the same pattern: the US has the highest rate with Japan being quite low at a level similar to the Nordic countries.

https://www.statista.com/statistics/300986/incarceration-rates-in-oecd-countries/

0 ( +3 / -3 )

In advanced and normal countries, a case with such unique circumstances would be decided by a judge.

This is inaccurate. In many countries, the criminal issues would be decided by a jury or a judge.

Correct Chip Star. Judge and jury.

0 ( +0 / -0 )

The Japanese are vèry proud islanders and are very conscious of their culture. They rightly go to extreme lengths to protect it and it's their right.

No treaty or convention will make Japanese budge. Australians have noticed and chose to follow in their footsteps and take Japan as an example.

When will Europeans understand and choose reason?

0 ( +0 / -0 )

The Japanese are vèry proud islanders and are very conscious of their culture. They rightly go to extreme lengths to protect it and it's their right.

Keeping a young man in detention indefinitely whose only crime was to be born is indeed extreme.

0 ( +3 / -3 )

And in relation to the US's earlier insistence on the "jus soli" to grant nationality:

Not done for any enlightened purposes.

It was done MAINLY to help justify the usurpation of native lands; by granting "colonials" the same right as the natives, all the land grabbing, robbery and killing was somehow "justifiable" given that it was being carried out by "natives" with the same rights (even more) than the original inhabitants.

This is all history; no more no less.

0 ( +1 / -1 )

The Japanese are vèry proud islanders and are very conscious of their culture. They rightly go to extreme lengths to protect it and it's their right.

No treaty or convention will make Japanese budge. Australians have noticed and chose to follow in their footsteps and take Japan as an example.

When will Europeans understand and choose reason?

When you follow the news is Europe closing it's borders and the EU stand is to keep refugees in 'safe' countries around Europe.

The EU position to hold Africans in Italy is legitimate. A part of the population has been pretty welcoming to them as other Italians want them to leave. Many Africans work in olive groves and/or renovate deserted Southern villages. It's not surprising that most opponents of the immigration live in the part where Lega Nord and Forza Italia rules, the part where they see Southern Italians traditionally as 'terroni' ..

As not all Italians have problems with African refugees it's good to keep them there.

Many Italians have African traces in their DNA since the days of the Roman Empire anyway :)

I agree that a line should be drawn as many refugees are luck seekers with limited added value for the labor market etc. Those with added value for society and willing to obey a few essential game rules should be welcome.

0 ( +1 / -1 )

I don't doubt that there are in justices being committed here. But in cases where people chose to be here illegally, they are assuming the risk

-1 ( +12 / -13 )

Immigration is a tricky one, but exploitation isn't.

-1 ( +3 / -4 )

So according to this logic, we can be held accountable for the actions of our parents.

What planet are we living on...Kronos!?

S

-1 ( +4 / -5 )

The legal system is so convoluted on purpose, been here long enough to know unlimited detention is a norm. 

Japan does seem obsessed with locking people up.

If Japanese nationals were treated like this abroad, the Japanese would be the first to complain that their human rights have been violated.

The would be interesting to see Japans reaction if every country in the world detained Japanese nationals for over staying their visa's or any other minor infraction, and refuse bail/bond straight out.

-1 ( +2 / -3 )

In advanced and normal countries, a case with such unique circumstances would be decided by a judge.

This is inaccurate. In many countries, the criminal issues would be decided by a jury or a judge.

-1 ( +0 / -1 )

I only wish the USA could implement a similar system. Catch and release doesn't work. Look at the fine mess the USA is in doing this the last 40 yrs.

Good for Japan NOT doing it.

-1 ( +2 / -3 )

@ thepersoniamnow

This is a very baited article. Poorly written and unobjective.

Noted. Now enlighten this forum how you would describe the issue in an objective way....

-1 ( +1 / -2 )

To deport someone back to their country is impossible if other Government does not cooperate with the Japanese Government.

Why Colombia Government and its Embassy did not cooperate with Japanese Government?

Perhaps, his parent did not report and register for him at Colombia Embassy when he was born. The Japanese Government needs to work out with financial aid from the Japanese Government to the Colombian Government.

Most of the Islamic Countries refused to cooperate with the other countries and refused to give travel document for their citizen deportee. The Islamic Governments' want their citizens to settle down in non-Muslim country. However the Islamic country Government takes back their citizens from their fellow Muslim Country like Malaysia but not from non-Muslim country.

-1 ( +0 / -1 )

have been held for over six months in immigration facilities. The numbers have surged due to the ministry's crackdown on overstayers, who refuse to leave the country

Easy fix leave the country when you are supposed to - it amazes me the number of time people complain about their treatment but are breaking the rules in the first place.

-1 ( +0 / -1 )

Japan faces scrutiny over longer detentions at immigration centers

Apparently not enough. Human rights are a joke here.

-2 ( +13 / -15 )

Alfie! Awesome Post brother!!

-2 ( +3 / -5 )

"He was born illegally in Japan, and as such Japanese Law do not accept him in the country.

No one in this world ever asked to be born."

Correct!!!

Similarly, there's no law that stipulates that a country MUST accept anyone born inside its borders as a national of that country!!! He was born in Japan; correct.

His parents are Colombians and illegals, as they were at the time of his birth. Under Japanese law, that is not enough to make him Japanese.

JT experts have their own ideas of who qualifies. The real owners of the land think differently.

They win.

Most posters on this forum appear to have come from the tiny number of States that give primacy to the place of birth theory, i.e. the USA.

Well, you're wrong; most of the world does not subscribe to that theory and simple birth is not enough.

I know someone who was born in the US whilst his parents were transiting. He's in his 30's now and never been back.

He's he an American just because, when nature came calling, his mother dropped him inside the US of A????

-2 ( +2 / -4 )

Keep them out! Lock them up! Send them back! If more countries did these there would be fewer problems with these intruders most of whom are making bogus claims.

-3 ( +12 / -15 )

He was born illegally in Japan, and as such Japanese Law do not accept him in the country. Simple.

How can one be born illegally?  Did the fetus commit a crime?  Did the fetus have a choice? 

To be a citizen of the country you were born in should be a birthright. 

Simple indeed.

S

-3 ( +7 / -10 )

The U.N. Committee on Elimination of Racial Discrimination?

Who cares what they think?

Here is a list of members of the Commitee:

Brazil

Algeria

Russian Federation

Burkina Faso

China

Mauritius

Enough said.

What a joke

-3 ( +4 / -7 )

Hello xenophobia my old friend.

-4 ( +10 / -14 )

If some guys are detained of a criminal act and stay waiting to be deported it's a universal procedure at immigration office and it's not only Japan. And this 22 y/o guy has criminal history in his younger age he was sent to a juvenile reformatory on charges of fraud and after his release in August 2016 placed in the immigration detention center. So, where in the world will accept criminals to live in the country, here who the person is detained or the backgrounded country. I know a few "foreigners" who are born in Japan and I know some of them are completely innocent of any crime, not against to live in japan, and only speak Japanese. In this case comes to be a discrimination not to be Japanese by appearance. Immigration authority has that feudal tradition to allow only "Japanese" to live in Japan under that national isolation of "Sakoku" for almost 300 years in Edo period. Now, it's going to be another Meiji Restoration to find a better future to accept more foreigners dwelling Japan, just not easy to see daylight how to get it clean and clear. NPO, NGO organizations or the Lawyer association to visualize how to protect those born here "foreigners" and protect them or it will be the same of 300 year + a century of no conclusion to authorize them. That's really sad history in Japan.

-4 ( +1 / -5 )

It breaks my heart to read about the dire plight of those detainees. I can only hope that they go back to their native or ancestral countries and live happily ever after.

-4 ( +3 / -7 )

I have no sympathy for them, they rolled the dice and lost and put their son in a messed up position.  Start learning Spanish, you'll need it ( ̄∇ ̄;)ハッハッハ

-4 ( +2 / -6 )

If these detainees have the patience to wait, they will fit nicely in Japanese society. Gambatte ne!

-5 ( +4 / -9 )

People always confuse immigrants and foreign workers these two groups. Yes, we lack labor forces,but doesn't mean we want immigrant moving in with all their families and think this is a paradise. Doesn't mean they can just decide to live here forever. We want capable foreign workers willingly to work and when the contract is over that they eventually return to their own country. Work and get paid that's all.

So many of these foreigner think as long they have a child they can permanent stay here. Wonder why the parents even decide to have a child when they aren't even a resident in Japan nor have full time job or a house yet. Is schemes like these that force Japan to even have more tighter immigration laws.

Those detention centers are design for those that aren't welcome in Japan anymore.That they would get fed up and leave already,but they always refuse to budge and cling forever there hoping 1 day they would gather enough sympathy from the western media to force Japan to allow them to stay.

Every year the UN keep forcing refugees and immigrant on us because they can't handle the load anymore. All those years ago we were force by the UN to accept foreigners and even now they still try to push it. Every year they keep nagging about it. They can't even do a good job in their own country concerning immigrants and is going out of control there. Can believe we are one of the biggest donor to the UN and still have to take their complaints every year. UN is basically a corrupt black hole that has absorb all the money.

-8 ( +11 / -19 )

Welcome to Japan, detention facilities are primed for your convince. Please come and work, should your family join you, step to the left, a short 6 month incarnation should fix that. Welcome your room mate is also an overstaying so you should be fine.

-9 ( +5 / -14 )

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