Fernhaltemaßnahme

English translation: order to deny entry

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)

German term or phrase:	Fernhaltemaßnahme
English translation:	order to deny entry
Entered by:	Timothy Wood

21:13 Sep 11, 2019

German to English translations [PRO]
Law/Patents - Law (general) / Immigration/entry into Switzerland

German term or phrase: Fernhaltemaßnahme

Please see:

https://www.sem.admin.ch/sem/de/home/publiservice/weisungen-...

and
https://www.parlament.ch/de/ratsbetrieb/suche-curia-vista/ge...

I cannot locate an official English translation of this. It's not expulsion (Ausschaffung). I believe it might be equivalent to Einreisesperre.

I'm thinking that Entfernungs- und Fernhaltemassnahme could be translated as:
Removal and Prohibited Entry

Please note that this term comes from an official letter from the (Swiss) State Secretariat for Migration SEM. It was sent to a person who currently resides in the US and who is attempting to travel/immigrate to Switzerland.

The sentence which I am translating reads as follows:

Aufgrund der Aktenlage und des nicht schwerwiegenden Vergehens hat das Staatssekretariat für Migration SEM auf den Erlass einer Fernhaltemassnahme verzichtet.

My rendition is:
On the basis of the records and the unserious nature of the offense, the State Secretariat for Migration SEM has not taken measures to prohibit your entering Switzerland.

I think the translation has captured the nuance. But I'm wondering if others agree.

Thank you for your help.

Timothy Wood KudoZ activity Questions: 113 (none open) (2 without valid answers) (8 closed without grading) Answers: 32 United States
Local time: 20:13

deny entry

Explanation:
I'm no legal expert, but isn't this phrase a roundabout way of saying "the authorities have decided not to deny you entry".
Again, I'm just applying simple logic to slightly convoluted term.

--------------------------------------------------
Note added at 14 hrs (2019-09-12 11:15:16 GMT)
--------------------------------------------------

.......will not be invoking (a) denial of entry to Switzerland.

Selected response from:

Chris Pr
United Kingdom
Local time: 03:13

Grading comment

Hi Chris, Thank you for your reply. I have decided to go with your terminology of "deny entry". It seems to capture the Swiss German, the official tone, and the meaning for the US audience. Thank you! I have slightly amended the KudoZ open glossary to incorporate some other ideas, but I think that yours was at the heart of the meaning for my purposes.
4 KudoZ points were awarded for this answer

Summary of answers provided

4 +1

has refrained from issuing an exclusion order

Lancashireman

measure banning entry 'on foreign nationals'

Adrian MM.

travel ban measures

Michael Martin, MA

travel restrictions

Daniel Arnold (X)

deny entry

Chris Pr

Discussion entries: 9

Timothy Wood

United States

ASKER

@Björn and others

16:22 Sep 17, 2019

Thank you for all your assistance. I appreciate the contributions that everyone made, and I was pleased to read them. I was unable to read every single link that was posted, but I appreciate that each person thought about what they posted and linked it to information supporting their position. Björn, thanks especially for your ideas. I would have selected your first intuition "denial of entry" had you made that your official answer. That's what I ended up choosing because it captures the heart of the Swiss German, reflects the official tone, and conveys the meaning for the US audience.

Lancashireman

United Kingdom

Inadmissibility (EN-US)

22:43 Sep 13, 2019

The PDF link bears you out, Björn. In EN-GB, the term would only be used to refer to evidence in a court case.

Björn Vrooman

Hmm

22:11 Sep 13, 2019

I, too, would like to know how we got from decisions regarding individuals to general policy statements, so some feedback would be nice.

In the States, it is indeed (grounds for) inadmissibility or barred from entering:
https://www.uscis.gov/sites/default/files/USCIS/About Us/Ele...
https://www.uscis.gov/legal-resources/unlawful-presence-and-...

Also, Fernhaltemaßnahme is certainly not a "general language term." It's government lingo.

Best

Björn Vrooman

07:11 Sep 12, 2019

When you click on the admin.ch link, the first thing you'll see is:
"English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force."

Björn Vrooman

07:01 Sep 12, 2019

@ventnai
It's more like "Ban on Entry": https://www.admin.ch/opc/en/classified-compilation/20020232/...

Whether any of this is "official" is debatable, since Switzerland is not an ENS country.

It's interesting to see this paragraph in there:
"The ban on entry shall be ordered for a maximum duration of five years. It may be ordered for a longer period if the person concerned represents a serious risk to public security or order."

Now, the other way around, for a waiver application:
"US waivers can be filed from any country including Canada and they allow people who have been convicted of a criminal offence to legally enter the United States and overcome their inadmissibility to the USA. US Waivers are valid for up to 5 years, after which time they must be renewed."
https://www.immigroup.com/us-waiver-application

Inadmissability may be another option, BTW.

@Lancashireman
It may also be an exclusion decision (citizens from non-EEA countries): https://assets.publishing.service.gov.uk/government/uploads/...

Why does your goverment have to make it so complicated :)

Ventnai

Spain

Procedure to keep people away

06:38 Sep 12, 2019

https://www.termdat.bk.admin.ch/Search/Search
If you search in the government official termbank, they suggest "procedure to keep people away". Not very elegant but official

Fernhaltemassnahme
BG Ausländerinnen und Ausländer, Tit. vor Art. 64 (SR 142.20, Stand 2009-01)
procedure to keep people away
Foreign Nationals Act, title before Art. 64 (transl., SR 142.20, status 2012-09)
mesure d'éloignement
LF Etrangers, tit. avant art. 64 (RS 142.20, état 2009-01)
misura di respingimento
LF Stranieri, tit. prec. art. 64 (RS 142.20, stato 2009-01)

Lancashireman

United Kingdom

US English?

02:46 Sep 12, 2019

If so, you probably won't be interested in exclusion order which is the term used in the UK:
https://inews.co.uk/news/uk/temporary-exclusion-orders-teos/

Björn Vrooman

Here

21:40 Sep 11, 2019

Called denial of entry:
https://help.cbp.gov/app/answers/detail/a_id/736/~/admission...

Björn Vrooman

@Timothy

21:31 Sep 11, 2019

First off, this link is probably worth a look because it's the law Fernhaltemassnahme is based on: https://www.admin.ch/opc/de/classified-compilation/20020232/...

I'd have thought the simplest and most common solution is "barred from entering":
https://en.wikipedia.org/wiki/List_of_people_barred_or_exclu...

Or "denied entry":
https://uk.usembassy.gov/u-s-citizen-services/denied-entry-t...

Also, it's a minor offense, so it's less serious, not unserious, IMO:
https://definitions.uslegal.com/m/minor-offense

Best

Answers

11 hrs confidence:

measure banning entry 'on foreign nationals'

Explanation:
Denial of entry may be more elegant, but is neither the 'official' Denglish or Swenglish translation, nor conveys the idea of an 'active' measure.

Example sentence(s):

the imposition and revocation of measures banning entry on foreign nationals under the Federal Act of 26 March 1931-

Reference: http://www.droit-bilingue.ch/rs/lex/1937/00/19370083-unique-...

Adrian MM.
Austria
Specializes in field
Native speaker of:

English
PRO pts in category: 119

Notes to answerer

Asker: Hi Adrian, Your answer is quite helpful. To me, I ultimately had to decide between your answer and Chris P's. I think "deny entry" works slightly better than "ban entry" for the US audience.

1 hr confidence:

deny entry

Chris Pr
United Kingdom
Local time: 03:13
Native speaker of:

English
PRO pts in category: 24

Grading comment

17 hrs confidence:

peer agreement (net): +1

hat auf den Erlass einer Fernhaltemassnahme verzichtet has refrained from issuing an exclusion order

Explanation:
See Discussion Box

--------------------------------------------------
Note added at 17 hrs (2019-09-12 14:34:53 GMT)
--------------------------------------------------

This refers to an 'order' (banning or exclusion) against a specific individual rather than a 'measure' to be taken against foreign nationals in general.

Lancashireman
United Kingdom
Local time: 03:13
Native speaker of:

English
PRO pts in category: 328

Notes to answerer

Asker: Hi Lancashireman, I really like your rendering of the sentence. This might be somewhat unfair, but I failed to emphasize that this is for a US citizen. For that reason, I need to stick with a something about "denial of entry". "Exclusion order" doesn't sound quite right to the US ear, though I do not doubt that your translation works excellently for the UK.

1 day 15 hrs confidence:

travel ban measures

Explanation:
Since this is a general language term, not a legal term, there may be a "preferred" rather than an "official" translation for it. Travel ban works in any English variety.

"One main distinction between the newest travel ban and the original is its indefinite character. The original ban had time limits, however, these new restrictions operate to block citizens out indefinitely...
The travel ban measures have been criticized by rights group Amnesty International USA noting, “just because the original ban was especially outrageous does not mean we should stand for yet another version of government-sanctions discrimination.” https://theowp.org/white-house-issues-more-travel-restrictio...

Michael Martin, MA
United States
Local time: 22:13
Specializes in field
Native speaker of:

German,

English
PRO pts in category: 364

Notes to answerer

Asker: Hello Michael, Thank you so much for your reply. I agree with your rendering, yet I have decided to stick with something like "denial of entry". Your answer is not incorrect, just one that I have decided not to use because I want to reflect the explicit notion of "denying entry".

1 day 18 hrs confidence:

travel restrictions

Explanation:
There are numerous correct translations. But if you go by the Swiss and assume that Fernhaltemassnahme = Einreisesperre in DE German, you would get that translated in many official and non-official Swiss sources (just check linguee) as "entry ban". I don't think that's wrong and you could use that if you want to stick with what the Swiss use themselves, but personally I would opt for "travel restrictions". My translation would be "is not imposing any travel restrictions on you."

Daniel Arnold (X)
Australia
Local time: 04:13
Specializes in field
Native speaker of:

German,

English
PRO pts in category: 32

Notes to answerer

Asker: Hi Daniel, I very much like your answer. I think I have to stick with something slightly closer to "denial of entry" or the like, but your suggested translation is fantastic. Thank you for your contribution.

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English translation: order to deny entry

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