Bern

Migration policy in Switzerland

In Switzerland, responsibility for citizenship, immigration and refugee admission lies with the federal government – more precisely with the Federal Council. The Federal Department of Justice and Police (FDJP) is responsible for the State Secretariat for Migration (SEM). The SEM oversees all matters concerning foreigners, such as issuing entry visas, entry bans, or naturalisation. It is also responsible for recognising foreign refugees. The subordinate regional authorities, cantons and municipalities nevertheless have some scope for action. These authorities have used their powers in cantonal integration programs (KIP) since 2014. For the asylum sector, KIPs play a role in cantonal support services for asylum seekers in the areas of housing, health, social assistance, language acquisition and labour market integration.

Historical background

Similarly to Germany, Switzerland’s economic upswing after World War II was also based on the recruitment of “guest workers” until tightened immigration conditions slowed down labour migration in the 1960s. After 1991, the so-called “three-circle model” was applied, which regulated the entry of labour migrants on the basis of their countries of origin. The “first circle” included persons from EU and EFTA countries, who were allowed to enter comparatively easily. The “second circle” consisted of countries that were considered to be “culturally close” to Switzerland and were connected through strong trade and migration relations, such as Canada, the USA and some Central and Eastern European countries. For their citizens, immigration was possible under certain restrictions. From all other states (the “third circle”), only highly qualified specialists were allowed to come to Switzerland in exceptional cases. In 1998, the “three circles” were replaced by the “dual admission system”. Since then, workers from EU/EFTA countries have been allowed to come if no domestic unemployed persons are available on the labour market. For nationals from non-EU/EFTA countries, exceptions are only possible under special circumstances. The Geneva Refugee Convention has been in force in Switzerland since 1955. Nevertheless, the country has mainly offered protection to people fleeing communist regimes in Eastern Europe. Switzerland has only sporadically taken in UNHCR contingent refugees. A series of asylum law reforms since the 1990s have made access more difficult for asylum seekers. In 2008, the Dublin Regulation came into force and since then, Switzerland has transferred asylum seekers to the responsible Dublin states.

Key developments of recent years

Swiss migration policy is strongly influenced by the parliamentary presence of the right-wing populist Swiss People's Party (SVP). Its influence has led, among other things, to Switzerland, as the home of both UNHCR and IOM, putting its agreement to the long-negotiated UN Global Compact on Migration on hold, in September 2018. This was, at the time, a fatal signal for migration diplomacy, given that Switzerland had co-led international negotiations on the Compact.

In 2010, following a racist campaign, the SVP put its proposal “For the Deportation of Criminal Foreigners”, or “deportation initiative”, to a referendum that saw nearly 53 % of people vote in its favour. Since then, even people from families who have lived in Switzerland for several generations can be deported after committing a crime. In 2009, following an equally racist campaign, the SVP brought about a majority decision to ban the construction of minarets.

In March 2019, an asylum law reform came into force, according to which all asylum procedures have to be completed within just 140 days. Asylum seekers have since been housed in newly established “federal asylum centres” (BAZ) for the duration of the accelerated procedure. Appeals now only have short deadlines. Those who are willing to return home before their first asylum hearing receive a cash grant of 1,000 Swiss francs to assist with their voluntary return.

An SVP referendum proposing a “limitation initiative” that sought to ban the EU's free movement of people, enshrined in the bilateral treaties between Switzerland and the EU, failed in 2020.

Progressive campaigns and their achievements

In October 2020, Wa Baile, a black Swiss citizen, pulled off a far-reaching victory in his fight against racist police stop and searches. With the civil society initiative “Alliance against Racial Profiling”, consisting of activists, academics, people from the cultural sector and human rights organisations, Baile filed strategic lawsuits against an unfounded police stop-and-search check at Zurich's main train station. Following defeats in several instances, the Zurich Administrative Court finally ruled in October 2020 that there was not enough objective evidence to justify the stop and search done on Baile and that it was therefore unlawful. At the same time, the case has been pending before the European Court of Human Rights since 2018 and could put an end to the practice of police checks on black people with no reasonable grounds.

In 2016, anti-racist groups succeeded in preventing a tightening of deportation practices. The right-wing SVP had launched a popular initiative to make appeals against the deportation of foreign criminals impossible. Several alliances made up of NGOs, politicians, activists and professors publicly opposed the planned reform, and in February 2016, it was rejected by a majority of voters.