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 118.¹⁴⁹

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).¹⁵⁰

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 se­cur­ityoutweigh the private interests of the person concerned in not being subject to the ban.¹⁵¹