The Immigration Proclamation No.354/2003 and Immigration Regulation 114/2004 specify and oversee the grounds for immigration related detentions.  According to article 16 of the Immigration Proclamation 354/2003, an Immigration Officer has the responsibility for controlling entries into and departures from Ethiopia. Also, as stated under article 35 of the Immigration Regulation, the Immigration Officer has the specific roles, at ports of entry and exit, to control persons entering into or departing from Ethiopia to ensure that they have fulfilled the requirements specified in the Immigration Proclamation. In this capacity, the Immigration Officer, as per article 16 (2) (c), has the power to detain for investigation any person who is attempting to enter or depart from Ethiopia; or any foreigner residing in Ethiopia in violation of the requirements under this Proclamation or of any Regulations issued hereunder. The Immigration Officer has the duty to present the detained person to the competent court without delay in accordance with the law. However, in line with article 15 (8) of the Refugee Proclamation, the Immigration Officer is prohibited from commencing criminal charge or imposing penalties for the illegal entry or presence in the country of a person seeking asylum.

The manner and procedure of removal of foreigners illegally staying in the country, including refugees whose asylum applications have been rejected and an appeal process have been exhausted or withdrawn or abandoned is governed by Articles 8-10 of the Immigration Proclamation and Articles 12-13 of the Refugees Proclamation. As per article 13 of the Refugees Proclamation and article 8(3) of the Immigration Proclamation, a refugee whose expulsion has been ordered may be temporarily arrested or detained pending his expulsion, if such detention is necessary for purposes of executing the expulsion order or to ensure that he does not endanger the national security or public order of Ethiopia.