Keep our news free from ads and paywalls by making a donation to support our work!
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 issued an order suspending the right to claim asylum by people who cross the border from Belarus, making immediate use of a new law that was signed by the president yesterday.
That legislation has been criticised by the United Nations High Commissioner for Refugees (UNHCR) and Poland’s own commissioner for human rights as a violation of European and international law, which requires countries to accept asylum claims.
Od północy obowiązuje rozporządzenie Rady Ministrów z 27 marca 2025 roku, które wprowadza czasowe ograniczenie prawa do złożenia wniosku o udzielenie ochrony międzynarodowej na granicy państwowej z Białorusią. Wszystkie działania legislacyjne przeprowadziliśmy natychmiast po… pic.twitter.com/8Rf60KxzQc
— Tomasz Siemoniak (@TomaszSiemoniak) March 27, 2025
A regulation published in the official Journal of Laws on Wednesday night, and entering into force immediately, suspended the right to submit claims for international protection on the entire border with Belarus for a period of 60 days.
That is the maximum length of time allowed under the new law. If the government wishes to extend the ban for longer, it must seek the approval of parliament. However, it is very likely to be able to do so given that MPs voted overwhelmingly in favour of the new law.
“The regulation gives border guard officers a key tool to combat illegal migration, which is an element of hybrid aggression against Poland, and to combat international crime,” said interior minister Tomasz Siemoniak. “We are working to ensure the security of our border.”
Meanwhile, Prime Minister Donald Tusk’s office declared that the measures will “prevent the destabilisation of the internal situation on the territory of Poland”.
It noted that “for several years, Belarus has been conducting an organised operation aimed at disrupting public order in our country, but also in other EU countries”, by encouraging and assisting migrants and asylum seekers – mainly from the Middle East, Asia and Africa – to cross the border.
“In March 2025, there was a sharp increase in the number of attempts to illegally cross the Polish-Belarusian border,” added the prime minister’s office. “In the coming months, a further significant increase is likely. There is also still aggressive behaviour by foreigners, who pose a risk to the lives and health of Polish officers.”
The president has signed into law new rules removing criminal liability from officers who use firearms while serving on the border.
The measures were passed in response to a surge in aggression from some migrants seeking to cross the border from Belarus https://t.co/sBMaoYhoCw
— Notes from Poland 🇵🇱 (@notesfrompoland) August 16, 2024
Last year, in response to a record number of asylum claims, Tusk announced a tough new migration strategy, including allowing the temporary and partial suspension of the right to claim asylum.
He argued this was necessary because existing asylum rules were not designed to accommodate the deliberate instrumentalisation of migration by hostile states, with many of those crossing the border and claiming asylum not being genuine refugees.
The government also believes that by banning asylum claims – along with other tough measures it has introduced at the border – it can discourage people from making use of the services of the people smugglers who offer to get them into the European Union.
The number of people applying for asylum in Poland reached a new high of 15,197 last year.
There was a big rise in applications from Ukrainians, but also a surge in applications from Ethiopians, Eritreans and Somalis.
For more, see our full report: https://t.co/7n3IoGqLfi pic.twitter.com/SH1Opq8N1i
— Notes from Poland 🇵🇱 (@notesfrompoland) February 17, 2025
However, human rights groups have declared that the measures would violate not only international law but Poland’s own constitution. They also say they will cause real harm to vulnerable asylum seekers, who will face being pushed back over the border into Belarus.
Well over 100 people are believed to have died around the borders between Belarus and EU member states since the beginning of the crisis in 2021.
Poland’s government notes that the law makes exceptions for vulnerable people. Even when the asylum suspension is in place, Poland must still accept claims from minors, pregnant women, people who require special healthcare and those deemed at “real risk of harm” if returned over the border.
A last-minute amendment added to the bill by parliament also allows an entire group that includes minors – such as a family – to submit an asylum claim. In the original draft, only the minors would have been allowed to do so.
The UN @Refugees agency has warned Poland that its planned toughening of migration and asylum rules does "not comply with international and European law".
The proposals include suspending the right to claim asylum by those who irregularly cross the border https://t.co/aTNcmUHvZc
— Notes from Poland 🇵🇱 (@notesfrompoland) February 5, 2025
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: KPRM (under CC BY-NC-ND 3.0 PL)
Daniel Tilles is editor-in-chief of Notes from Poland. He has written on Polish affairs for a wide range of publications, including Foreign Policy, POLITICO Europe, EUobserver and Dziennik Gazeta Prawna.
