Switzerland is meaningfully harsher in how the law is structured. Here’s the careful comparison. ⸻ 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. ⸻ 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. ⸻ 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. ⸻ 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.