Abstract
This article analyses the “criminalization of foreigner status”, understood as the creation of specific sanctions directly linked to irregular migration status. Based on a comparative study between Switzerland and Costa Rica, it examines how both States respond to irregular migration through sanctions. The analysis focuses on article 115 AIG (Swiss Foreign Nationals and Integration Act) and supplemented with statistical data to illustrate its criminal application in practice. In parallel, the Costa Rican sanctioning framework is examined, in particular article 33, paragraph 3 of the General Law on Migration and Foreigners and its configuration as an administrative sanction, also incorporating an interview according to which the sanction is not applied in practice. The article concludes by identifying similarities and differences and offers a critical assessment of the necessity and effectiveness of using sanctioning instruments in both models to address the phenomenon of migration.