我國移民法制之研究

Abstract

藉由回顧臺灣移民變遷的過程，說明不論是在經濟、政治的背景下，臺灣本就是一個移民的社會。基於地狹人稠、資源有限，人口密度高占世界第2位，應對人口之移入有一定的限制。探討我國移民法制的現況，瞭解外籍人士與大陸地區人士區分不同的制度與規範。近年跨國婚姻移民儼然已成為臺灣第5大族群，尊重多元文化及輔導新移民措施成為政府施政之重點。全球化的趨勢下，移民政策需考量不同的需求層面與國家未來的發展，參酌各先進國家移民制度的規範及特色，以作為我國政策參考之借鏡。 本研究發現：（一）跨國婚姻已成為新移民的主要途徑。（二）施行制度之不同，係因移入數量及特性的差異性。（三）未來移民趨勢與國家的移民政策息息相關。（四）政府建構多元文化社會可達到互助雙贏的效果。（五）移民政策缺乏完整性及全面性。 提供建議：（一）宜速宣導移民政策白皮書，以為行政機關執行之依據。（二）加強面談查緝機制，以防杜非法移民及跨國異常婚姻。（三）開發新人力資源，創造「多階段臨時性簽證」以杜絕偷渡管道及建立新移民人口資源資料庫。（四）重視多元文化社會所創造的新價值。（五）設立單一窗口，加強對僑民的關注與輔助，政策性協助僑民之下一代學習中華文化及教育。（六）善用移民市場機制。（七）研訂不同居留類別名額，以刺激經濟景氣創造國際知名度。By looking into the change in Taiwan’s immigration process, with its specific economic and political background, Taiwan has been an immigration society since its early days. Due to its narrow land with high population density (the 2nd heaviest density in the world) and limited resources, some restrictions on immigration must be applied. This study investigates the status of Taiwan’s immigration system, and makes comparison of the different systems and regulations imposed to foreigners and mainlanders. As evolved in recent years, immigrants coming to Taiwan through cross-country marriages have turned out to be Taiwan’s 5th largest group. Thus, respect of plural cultures and new immigrant counseling have become one of the major focuses of the Government. With the trend of globalization, immigration policy requires taking varying requirements and our country’s future development into account. At the same time, the regulations and specific attributes that various advanced country have shall also be referred to for the institution of our policies. The study finds that: (1) cross-country marriages have become new immigrants’ the major vehicle to move to Taiwan. (2) the difference of the enforcement system stems from the variance in the number of immigrants and their attributes. (3) the future immigration trend is closely associated with a country’s immigration policy. (4) government’s construction of plural culture society may give a reciprocation and win-win effect. (5) the immigration policy is not integrated and well-rounded. Recommendations: (1) The immigration policy white paper shall be promptly introduced and promoted for the government administrative agencies to follow. (2) Reinforce the mechanism of face-to-face interviews, so as to eliminate illegal immigration and irregular cross-country marriages. (3) develop new human resources and create the“multi-step temporary visa” to eliminate the channel of illegal immigration and establish the database of new immigrant human resources. (4) look on the new value created from plural culture society. (5) set up a one-stop window to pay more attention to overseas Chinese and help them, and help their next generation learn Chinese culture. (6) make good use of the immigrant market mechanism, (7) regulate the quota for different categories of residence, so as to stimulate economy and enhance our international awareness.