Switzerland is meaningfully harsher in how the law is structured.
Here’s the careful comparison.
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Where they are similar
Both the U.S. and Switzerland commonly use:
1. Removal / deportation
• If you’re found to be unlawfully present, the default outcome in both countries is an order to leave.
2. Administrative detention
• Both countries can detain someone not as punishment, but to ensure deportation actually happens.
• Detention is legally reviewed and has maximum time limits.
3. Re-entry bans
• Both impose multi-year bans on returning after removal.
At a distance, that makes them look roughly comparable.
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The key difference (this matters)
Illegal stay itself
• Switzerland:
👉 Criminal offense
• Unlawful stay can lead to criminal prosecution
• Possible fine or up to 1 year in jail
• Creates a criminal record
• United States:
👉 Civil immigration violation
• Merely being present without status is not a crime
• No jail sentence just for unlawful presence
• No criminal conviction for presence alone
This is the biggest structural difference.
In the U.S., criminal charges arise only if someone:
• Re-enters after removal
• Uses fraud or false documents
• Commits unrelated crimes
In Switzerland, presence alone can be prosecuted.
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Detention comparison (important nuance)
• Switzerland
• Administrative detention can last up to 18 months
• Used more readily relative to population size
• Smaller country → enforcement is tighter and more visible
• United States
• Detention length varies, but prolonged detention is often tied to:
• Criminal history
• Re-entry
• Asylum complications
• Many people are released pending hearings
So while the U.S. has more detainees in absolute numbers, Switzerland applies detention more uniformly.
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Enforcement reality vs law on paper
• Switzerland
• High internal enforcement capacity
• Smaller population
• Cantonal police checks make detection more likely
• Less room to “blend in”
• United States
• Massive population
• Interior enforcement is uneven
• Millions live undocumented for years without contact
So even where penalties overlap, risk of detection is higher in Switzerland.