Federal Act
on Foreign Nationals and Integration
(Foreign Nationals and Integration Act, FNIA)¹

¹ SEM shall, sub­ject to para­graph 5, or­der a ban on entry against for­eign na­tion­als who have been is­sued with a re­mov­al or­der if:

a.

the re­mov­al or­der may be en­forced im­me­di­ately in ac­cord­ance with Art­icle 64d para­graph 2 let­ters a–c;

b.

the per­son does not leave by the ap­poin­ted dead­line;

c.

the per­son has vi­ol­ated or rep­res­ents a threat to pub­lic se­cur­ity and or­der in Switzer­land or abroad; or

d.

the per­son has been con­victed of an of­fence or of an at­temp­ted of­fence un­der Art­icle 115 para­graph 1, 116, 117 or 118.¹⁴⁸

² A ban on entry may be ordered against for­eign na­tion­als who:

a.

have in­curred so­cial as­sist­ance costs;

b.

have had to be taken in­to de­ten­tion in pre­par­a­tion for de­par­ture or pending de­port­a­tion or have been placed in co­er­cive de­ten­tion (Art. 75–78).¹⁴⁹

³ The ban on entry shall be ordered for a max­im­um dur­a­tion of five years. It may be ordered for a longer peri­od if the per­son con­cerned rep­res­ents a ser­i­ous risk to pub­lic se­cur­ity or or­der.

⁴ The Fed­er­al Of­fice of Po­lice (fed­pol) may or­der a ban on the entry of any for­eign na­tion­al in or­der to safe­guard Switzer­land’s in­tern­al or ex­tern­al se­cur­ity; it shall con­sult the Fed­er­al In­tel­li­gence Ser­vice (FIS) be­fore­hand. fed­pol may or­der a ban on entry for a peri­od of more than five years or in ser­i­ous cases for an un­lim­ited peri­od.

⁵ The au­thor­ity is­su­ing the ban on entry may by way of ex­cep­tion re­frain from im­pos­ing a ban on entry on hu­man­it­ari­an grounds or for oth­er good cause or re­voke the ban per­man­ently or tem­por­ar­ily. In reach­ing its de­cision, the au­thor­ity must in par­tic­u­lar con­sider wheth­er grounds for is­su­ing the ban on entry and the need to pro­tect pub­lic se­cur­ity and or­der and to safe­guard Switzer­land’s in­tern­al or ex­tern­al se­cur­ity out­weigh the private in­terests of the per­son con­cerned in not be­ing sub­ject to the ban.¹⁵⁰