Subject to certain requirements, the cantons may order coercive measures to ensure that removal orders are enforced. The Foreign Nationals and Integration Act (FNIA) provides for the following coercive measures:
- Temporary detention (Article 73 FNIA);
- Restriction and exclusion orders (Article 74 FNIA);
- Detention in preparation for departure (Article 75 FNIA);
- Detention pending deportation (Article 76 FNIA);
- Detention under the Dublin procedure (Article 76a FNIA);
- Detention pending deportation due to lack of cooperation in obtaining travel documents (Article 77 FNIA);
- Coercive detention (Article 78 FNIA).
Detention in preparation for departure, detention pending deportation, detention under the Dublin procedure and coercive detention are categorised as administrative detention under the law on foreign nationals. Detention in preparation for departure is used to ensure that the removal procedure can be carried out. Detention pending deportation is used to ensure that an already issued removal decision can be enforced. The purpose of coercive detention is to persuade persons to cooperate in cases in which, after the expiry of the deadline for leaving the country, it is not possible, despite the efforts of the authorities, to enforce the removal or expulsion order without cooperation from the persons concerned. Detention under the Dublin procedure is used to ensure that removal can be enforced under the Dublin procedure.
Last modification 26.04.2021