Asylum debate in the National Council No family reunification for temporarily admitted persons

The last week of the fall session is underway. On Tuesday, the National Council held a special session on asylum law requested by the SVP.

The National Council is showing toughness towards temporarily admitted persons. They should no longer be allowed to have family members join them in Switzerland. The FDP and almost the entire center parliamentary group also voted for the SVP's corresponding motion.

The National Council held an extraordinary session on asylum on Tuesday. The motion, which aims to take away the right of temporarily admitted persons to bring family members to Switzerland, was adopted by 105 votes to 74 with 9 abstentions, against the will of the Federal Council.

"Stay must be short"

The stay of temporarily admitted persons in Switzerland must be short, said SVP spokesperson Thomas Knutti (BE). If their family were allowed to join them, they would "never leave Switzerland again". "We are simply too attractive." The SVP, FDP and several members of the center group voted for the motion.

The motion would hardly have any effect, warned Justice Minister Beat Jans. The fundamental right to family life is enshrined in the constitution, and the Federal Court and the European Court of Human Rights have repeatedly recognized it. Moreover, the hurdles for family reunification are already high today.

The National Council also wants data on illegal stays in the country to be systematically exchanged in future. The cantons, municipalities, health insurance funds, AHV, IV and other social insurance funds should be included. It adopted another SVP motion on this issue by 119 votes to 71.

Asylum task force called for

The FDP's call for an asylum task force to prevent crises and abuses was also approved by the National Council. The migration of economic migrants and medical tourism must be curbed, said Jacqueline de Quattro (FDP/VD). The asylum system was not equipped for this. Jans argued unsuccessfully for a no vote, saying that the request had been met and that such bodies already existed.

The SVP was able to win over the FDP with two further asylum motions, but not the National Council. The latter rejected the idea of no longer recognizing asylum seekers who arrive in Switzerland via a safe third country as refugees. The Federal Council argued that this was not compatible with the Refugee Convention.

There was also a "no" to the creation of transit zones near the country's borders. Asylum seekers would have had to submit their application there and stay until a decision was made. The Federal Council spoke of a disproportionate encroachment on personal freedom and called such transit zones "difficult to implement".

Tougher measures for S status

The conservative majority in the National Council also wants to take a tougher stance on status S for Ukrainian refugees. It adopted a motion by Nicolò Paganini (center/SG) by 131 votes to 67.

It calls for protection status S to be withdrawn or no longer granted to people who have left Switzerland for a certain period of time and have already received return assistance or have abusively obtained protection status. "Abuses under S status are disruptive," said Paganini.

The Federal Council countered that abuses are already being consistently combated and S status is revoked if someone leaves their home country for longer than 15 days. Jans added that it should be possible to reapply for protection status due to the changing situation in Ukraine.

Incentive to work demanded

The National Council also adopted a motion by Corina Gredig (GLP/ZH) for an incentive system to enable people with S status to become more financially independent through work. Gredig said that people often fail to get a job due to the lack of a permit and waiting times.

The Federal Council requested a no vote, although it is aiming for a higher employment rate of 40 percent. Most recently, the rate was around 28 percent, as Jans explained. That is not enough.

Jans' Department of Justice and Police was recently tasked with proposing changes to the law by February 2025 to make it easier for Ukrainians to work in Switzerland. The aforementioned third-country quotas for people with S status are not possible for legal reasons, said Jans.

The National Council held its third extraordinary asylum session in just a few months, as the Minister of Justice, who has been in office since the beginning of the year, noted. The tone of the debate was emotional at times. The motions that were adopted will now go to the Council of States. It will also hold an asylum session on Wednesday (tomorrow) and will deal with some of the same motions.