Abstract
The expansion of penal logics into the field of migration raises significant questions as to its compatibility with fundamental rights, particularly where LGBTIQ persons in situations of migration are concerned. In Switzerland, administrative detention pending removal and the criminalization of irregular stay form part of a single migration control framework, whose effects may render the specific needs of the persons concerned invisible and expose them to heightened risks of violence, isolation, discrimination, and inhuman or degrading treatment. This contribution demonstrates that, while the Swiss legal framework appears formally compatible with constitutional and convention-based requirements, its practical implementation reveals structural deficiencies, due to the absence of explicit mechanisms for taking into account vulnerabilities related to sexual orientation, gender identity and expression, and sex characteristics, which may undermine its compliance with fundamental rights. By confronting Swiss law with European and international standards, as well as selected foreign practices, the article highlights the limits of a framework based on apparent neutrality and identifies avenues for reform aimed at ensuring effective protection for LGBTIQ persons.