Polish government approves tough new migration and asylum rules to “take back control” of borders

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Notes from Poland is run by a small editorial team and is published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Poland’s government has approved a package of bills intended to toughen migration and asylum rules with the aim of “taking back control” of the country’s borders. The proposed measures include the right for the government to temporarily suspend the right to claim asylum.

“We do not want to hinder the employment of those who want to work honestly in Poland,” said Prime Minister Donald Tusk after a cabinet meeting. “But we have launched a ruthless fight against illegal immigration, against abuse, against the exploitation of legal loopholes or state weakness.”

The bills now pass to parliament, where the government has a majority. However, one of Tusk’s junior partners in the ruling coalition, The Left (Lewica), has expressed its opposition to parts of the legislation that restrict asylum rights.

Tusk first announced plans for a tougher new immigration policy in October. Soon after, the plans received provisional approval from the cabinet (with the exception of ministers from The Left).

The measures came in response to a renewed crisis on the border with Belarus, where tens of thousands of migrants and asylum seekers – mainly from the Middle East, Asia and Africa – have tried to cross into Poland with the encouragement and assistance of the Belarusian authorities.

Tusk argued that asylum rules are being exploited by Russia and Belarus as part of a broader strategy to destabilise the European Union and that it is therefore necessary to suspend the right to make asylum claims in certain circumstances.

Under the proposed legislation, which was presented by the interior ministry last week, the government would be able to issue a decree in response to intensified migration pressure that would allow it to suspend asylum rights for up to 60 days along specific sections of the border.

Extensions beyond this period would require parliamentary approval. There would also be exceptions to the restrictions for vulnerable individuals, such as unaccompanied minors, pregnant women and those at risk of serious harm.

Each case will be assessed individually by the border guard unless the person crosses the border using force or in coordination with smugglers.

Additionally, the law introduces a temporary halt on joint asylum applications from family members while restrictions are in effect. This means that family units will not be able to apply together during these periods.

The law also proposes introducing a legal definition of “instrumentalisation”. This term will identify actions by states or entities that use migration as a political tool to destabilise Poland, including tactics such as violent border crossings or the destruction of border infrastructure.

This year’s surge in attempted crossings by migrants and asylum seekers at Poland’s border with Belarus has been accompanied by a rise in the use of violence by some groups seeking to cross. A number of attacks on Polish border officers have taken place, in one case resulting in the death of a soldier.

Some human rights groups have criticised the proposals to suspend asylum rights, arguing that they would violate Poland’s international obligation and will result in migrants being pushed back and forth across the border, where they often live outside in dangerous conditions.

However, Tusk today noted that, while there was initially a “huge fuss” about his proposals in October, it quickly “turned out that this project is not only supported by the people, but also in Europe”.

Last week the European Commission confirmed that member states can “interfere with fundamental rights such as the right to asylum” in certain circumstances, such as when countering “hybrid threat” like the “weaponisation of migrants” by Russia and Belarus.

But Tusk also faces opposition from within his own coalition, with a spokesman for The Left reiterating today that they “maintain a different opinion on asylum” and “have doubts about the compliance of this solution with international agreements and the constitution”.

Another measure in the newly proposed legislation is the tightening of refugee status rules so that foreigners who have been convicted of serious crimes or are considered threats to state security may have their refugee status revoked.

After the cabinet meeting, Tusk also announced that his government had approved stricter rules on issuing student visas, following abuses in the visa system that he says flourished under the previous Law and Justice (PiS) government.

“Under the PiS government, you could apply to be a student at some Polish university, get a Schengen visa, and never step foot in the university,” Tusk said. “Tuition fees became the cheapest way to obtain a visa, but no one checked whether these students knew Polish or English, or even if they passed high school exams.”

Notes from Poland is run by a small editorial team and published by an independent, non-profit foundation that is funded through donations from our readers. We cannot do what we do without your support.

Main image credit: Kancelaria Premiera/Flickr (under CC BY-NC-ND 2.0)

Alicja Ptak

Alicja Ptak is senior editor at Notes from Poland and a multimedia journalist. She previously worked for Reuters.