Wrongful Arrest in Shibuya — A Legal Resident Was Detained Because Police Didn't Recognize the New My Number Residence Card: Know Your Rights

What Happened — The Wrongful Arrest in Shibuya

In 2026, a case was reported in Shibuya, Tokyo, in which a foreign national with fully valid residence status was carrying and presented a new-format residence card bearing a My Number (individual number), only to be arrested on suspicion of illegal overstay by a police officer who did not recognize the new card format and mistakenly believed the card was forged or that the person had no valid status.

The critical point is that the foreign national had done nothing wrong. They were carrying a lawfully issued residence card. The arrest was entirely the result of the police officer's unfamiliarity with the new card format — a complete wrongful arrest caused by a failure of institutional communication, not any wrongdoing by the foreign national.

What Is the New-Format Residence Card (With My Number)?

The Immigration Services Agency (ISA) has been rolling out new-format residence cards that incorporate the holder's My Number (個人番号, a 12-digit individual identification number). The new cards differ significantly from earlier residence cards in design, included information, and security features.

• My Number printed on the card: Previous residence cards did not include the My Number. The new format displays it on the card face and encodes it in the IC chip.
• Redesigned layout: The overall appearance — color scheme, layout, and placement of fields — differs noticeably from the prior format.
• Enhanced security features: New anti-forgery technologies have been incorporated.

This redesign is entirely lawful and official. A new-format residence card is a fully valid government-issued identity document. However, because awareness of the change has not been sufficiently distributed, cases are emerging where police officers and company staff unfamiliar with the new format mistake it for a counterfeit or invalid document.

Rights of Foreign Nationals When Stopped by Police or Asked to Show Their Residence Card

• Obligation to carry and present the residence card (Immigration Control Act, Article 23)
  Mid-to-long-term residents (those holding a residence card) are legally required to carry their residence card at all times (exempt if under 16). When asked to present it by an immigration inspector, immigration enforcement officer, police officer, or coast guard officer, they must do so. Refusing without valid reason is a violation (fine of up to ¥200,000).
• Responding to a stop-and-question (Police Duties Execution Act, Article 2)
  Police officers may stop and question persons they have reasonable grounds to suspect are involved in criminal activity. There is no legal obligation to comply with a voluntary stop-and-question, but presenting a residence card when asked is obligatory.
• Rights upon arrest
  If arrested, you have the right to: ① be told the reason for the arrest; ② remain silent (right to silence); ③ appoint a defense attorney. The right to contact a lawyer after arrest is guaranteed under the Constitution and the Code of Criminal Procedure.
• Right to consular notification (Vienna Convention on Consular Relations)
  When a foreign national is arrested or detained, they have the right to have their country's consular office notified without delay, upon their request (Vienna Convention, Article 36). Police and prosecutors are obligated to inform detainees of this right.

What to Do If Your New-Format Card Is Suspected of Being Forged

• Stay calm and explain clearly
  State: "This is a new-format residence card issued by the Immigration Services Agency of Japan. It includes my My Number and is fully valid." (日本語：「このカードは出入国在留管理庁が発行した新様式の在留カードです。正規のカードです。」)
• Suggest contacting the ISA Information Center
  If the officer cannot verify the card on the spot, suggest they call the ISA Foreign Residents' Information Center (0570-013904) for confirmation.
• If arrested, call a lawyer immediately
  Even in a wrongful arrest, you will be released or transferred to prosecutors within 48 hours. A lawyer can intervene quickly to secure your release and correct the error. Request the duty attorney system (当番弁護士 — a free, on-call attorney who will meet with you at the detention facility) through the bar association.
• Consider seeking compensation afterward
  If you were unlawfully deprived of your liberty, a claim for damages under the State Redress Act (国家賠償法) may be available.

For Employers Who Hire Foreign Nationals

HR and administrative staff at companies that employ foreign nationals should:

• Ensure that staff handling residence card verification are aware of the new card format.
• Establish a support protocol (contact list for attorneys and administrative scriveners) for employees who are stopped by police.
• Keep copies of employees' residence cards on file with proper record-keeping.

Consult Sakura Central Legal Office

For questions about the new residence card format, assistance in responding to police or immigration incidents, or residence status renewal, change, and application procedures, our authorized filing agent (申請取次行政書士) is available to help. Whether you were stopped by police, had your card doubted, or simply want to confirm your status is in good order, please contact us for a free initial consultation. Available online or in person.