Police Officer Convicted for Unlawful Stop, Search, and Handcuffing of Migrant Worker; Civil Society Groups Call on Police Authorities to End Discriminatory Law Enforcement Against Migrant Workers

On August 16, 2021, an elder-care migrant worker in Sanchong, New Taipei City, was suddenly stopped and searched by a police officer while stepping out to throw away garbage. The officer handcuffed her and brought her to the police station. Finding no wrongdoing after the search, the police released her on the roadside and told her to walk back to her employer's residence on her own. This case was exposed by a member of the Taoyuan Domestic Caretakers Union, and the worker was assisted by Legal Aid Foundation attorneys in filing criminal and civil complaints against the officer. The New Taipei District Prosecutors Office concluded its investigation on January 2, 2022, and indicted the officer for the offense of deprivation of personal liberty. After the case was transferred to the New Taipei District Court, the officer pleaded guilty in court, agreeing to pay compensation and write an apology letter during court-annexed mediation.

The Criminal Division of the New Taipei District Court rendered its judgment on June 7, 2022, holding that the police officer had conducted a discriminatory stop and search against the migrant worker based solely on personal subjective suspicion, abusing his power to handcuff and deprive the worker of her liberty, thereby causing her physical and mental suffering. This conduct also severely undermined public trust in lawful authority and constituted a public official abusing their power under the guise of official duties to deliberately commit the crime of depriving another of personal liberty. However, considering that the involved police officer had reached a settlement through mediation and obtained the migrant worker's forgiveness, he received a lenient sentence of four months' imprisonment, suspended for two years (Case Number: New Taipei District Court 2022 Su-Tzu No. 362 Criminal Judgment).

This case marks the first time in Taiwan that a migrant worker has successfully sued a police officer for abuse of power and deprivation of liberty and won. However, this is far from the first instance of police abusing their authority, conducting improper stops and searches, and violating the personal liberty of migrant workers. The officer in this case even admitted that the stop on that day was an "unnecessary inspection" and promised to better protect migrant workers' rights in future law enforcement. Yet, this is not merely an issue of improper search and excessive law enforcement by a single rogue officer; rather, it stems from the police department's long-standing policy of utilizing the apprehension of undocumented workers ("runaway migrant workers") as a key performance metric. This structural, discriminatory policing policy is precisely what drives officers to relentlessly pursue undocumented workers.

Although statistical data has long shown that the crime rate among migrant workers is significantly lower than that of Taiwanese citizens, police policies continue to conflate migrant workers and people of Southeast Asian descent with public safety threats. Such discriminatory law enforcement against migrant workers not only reinforces societal prejudice and negative stereotypes, but also leaves migrant workers—who are already disadvantaged in terms of language, resources, and judicial procedures—powerless when facing improper stops and searches, forcing them to live in Taiwan under daily fear and humiliation. The rule of law and human rights that Taiwanese society holds so dear are thereby undermined!

This case is a historic milestone for the protection of migrant workers' rights in Taiwan. We express our highest appreciation to the judges and prosecutors who held the police officer accountable for conducting improper searches and restricting the personal liberty of migrant workers. We also thank the media, public opinion representatives, and the general public for their attention to this case, which helped realize legal protection for a migrant worker. However, looking at Taiwan's legal system and human rights protection policies for migrant workers, there are still many areas that require review and improvement. Organizations concerned with migrant workers' rights and judicial human rights hereby jointly issue the following demands:

1. The National Police Agency and the National Immigration Agency must review improper stop-and-search policies targeting migrant workers and abolish discriminatory search and arrest practices:

   The National Police Agency continues to reject the resolutions of the "2018 National Judicial Reform Conference," refuses to establish a "Police Project Administration and Performance Management Committee," and merely holds post-incident reviews, while the legal basis, rationality, and oversight of police performance metrics remain grossly inadequate. Regarding the improper stopping and searching of migrant workers, the National Police Agency and the National Immigration Agency must conduct a comprehensive review and eradication. Policies and performance reward projects targeting the search and apprehension of undocumented workers must be abolished to prevent discrimination and arbitrary law enforcement behaviors.

2. The National Immigration Agency must invest in legal education resources, strengthen cooperation with the Legal Aid Foundation, and assist migrant workers in facing arbitrary stops and searches:

   Being subjected to random police stops is a near-daily reality for migrant workers living in Taiwan. However, it is exceedingly rare for a migrant worker subjected to such arbitrary searches to successfully secure effective legal assistance and hold the perpetrator accountable, as achieved in this case. Due to language barriers and a lack of legal literacy, it is extremely difficult for migrant workers to preserve evidence, find legal representation, and obtain legal aid. As the competent authority for migrant workers in Taiwan, the government should strengthen and promote legal education, assist migrant workers in accessing the Legal Aid Foundation, and provide legal assistance. Only then can we truly protect the litigation rights and human rights of migrant workers as guaranteed by the Constitution and international human rights conventions.
    

Organizations Issuing This Joint Statement:

Domestic Caretakers Union Taoyuan 桃園市家庭看護工職業工會
Judicial Reform Foundation 財團法人司法改革基金會
Organization for Migrant Fishers' Rights 外籍漁工人權組織
Taiwan Association for Human Rights 台灣人權促進會
Yilan Migrant Fishermen Union 宜蘭縣漁工職業工會
Serve the People Association 桃園市群眾服務協會
Listener-Migrants' Legal and Community Health Platform 聽你說—移民工法律暨公共衛生諮詢平台
Khuôn viên văn hoá Việt Nam 越在嘉文化棧
1095 Culture Studio 1095文史工作室

Migrant Empowerment Network in Taiwan 台灣移工聯盟MENT
members：
– Stella Maris 海星國際移工服務中心
– PCT. Peace Foundation Labor and Migrant Workers Concern Centre, LCC 平安基金會所屬勞工關懷中心
– Hsinchu Migrants and Immigrants Service Center, HMISC 天主教會新竹教區移民移工服務中心
– Hope Workers Center, HWC 天主教希望職工中心
– Caritas Taiwan 天主教台灣明愛會
– Taiwan International Workers Association, TIWA 台灣國際勞工協會

Juridical Association for the development of Women's Right in Pingtung, JADWRP 屏東縣好好婦女權益發展協會
Vietnamese Migrant Workers and Immigrants Office, VMWIO 天主教新竹教區越南移工移民辦公室
National Domestic Workers' Union 全國家戶勞動產業工會
Ganas Community 印尼勞工團結組織
Migrante Taiwan 移工國際台灣分會