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21 March 2025

Poland Moves To Suspend Asylum Rights Amid Migration Crisis

Prime Minister urges swift action as tensions rise on the Belarus border and NGOs voice alarm over human rights implications.

The Polish government is pushing forward on implementing ever-stricter measures against migration. On Thursday, March 20, 2025, Polish Prime Minister Donald Tusk called on President Andrzej Duda to sign into law a bill, already approved by parliament, to suspend the right to claim asylum in Poland. At a press conference before departing for a conference in Brussels, Tusk made a passionate appeal saying, "today I would like to make a very passionate appeal to the president to sign the bill as soon as possible, preferably today, which will allow us to temporarily suspend the right to apply for asylum," reported by the Polish news agency PAP.

The bill, which passed through the Polish Senate and Parliament in February, is seen by the government as a key tool for protecting its border with Belarus. Tusk emphasized that "there is already a regulation in place and as soon as the president’s signature appears under the bill, the regulation will be introduced and come into force at the next cabinet meeting on Tuesday, March 25, 2025." He expressed concerns about potential "hybrid attacks" from Belarus under the leadership of Aleksandr Lukashenko. This new legislation is not merely a bureaucratic procedure; it’s a response to what Tusk described as increasing pressure at the border.

Polish Minister of Defense Wladyslaw Kosiniak-Kamysz supported the Prime Minister's call, stating that "the pressure on the border has grown over the past week. The law is needed as a clear signal that the territory of the Republic of Poland is protected." The suspension of asylum rights is initially planned for 60 days, potentially extending longer at the request of the interior minister. This legislative move has triggered reactions beyond Poland's borders.

On March 17, a coalition of 29 Polish non-governmental organizations (NGOs), including the Ocalenie Foundation, appealed to President Duda to veto the bill. Criticism also emerged from the Helsinki Foundation for Human Rights, which argued that the legislation contradicts both Polish law and international agreements. Sarah Red from Oxfam declared that Poland had "abandoned its commitments to the rule of law and protecting people fleeing war and persecution," while expressing concern that the country has replaced EU law with "razor wire, torture and violence." These comments reflect alarm over the implications of the upcoming legal changes.

Further, on March 4, 2025, Michael O’Flaherty, the Council of Europe’s Commissioner for Human Rights, wrote a letter expressing grave concerns about the compatibility of the proposed amendments with human rights standards. He cautioned that while recognizing the possibility of migrant instrumentalization by Belarus and Russia, the proposed changes could lead to situations where individuals are denied the chance to present their asylum claims, potentially subjecting them to adverse treatment upon return.

In response, Malgorzata Kidawa-Blonska, the Marshal of the Senate in Poland, stated on March 10 that the act would undergo thorough analysis regarding the concerns raised in O’Flaherty's letter. She emphasized the collective responsibility to uphold human rights standards during these deliberations.

The government has also been strengthening its migration policy through various measures since February. On March 10, an exclusion zone along the Belarus border was extended once again, as noted in a briefing by the European Council on Refugees and Exiles (ECRE). This zone, reaching a 60-kilometer stretch of the border, was first established in June 2024 and has seen multiple extensions. According to Polish authorities, this exclusion zone has led to a 46 percent decrease in attempted illegal crossings since its inception.

On March 21, 2025, the Polish Border Guard reported nearly 70 attempts to illegally enter the country, stating that "almost all of them were thwarted." This persistence reflects ongoing tensions at the border, particularly after March 19 when 135 attempts were noted with similar outcomes. The situation is tense, with reports of stones and branches being thrown at patrols.

In terms of migration policy, Poland has firmly rejected implementing the EU Migration and Asylum Pact, particularly opposing the solidarity mechanism which would see the relocation of migrants from frontline countries like Italy and Greece. Prime Minister Tusk made a definitive statement on February 4 stating, "Poland will not implement any migration pact or any provision of such projects that would lead to Poland’s forced acceptance of migrants." This sentiment was reiterated by the Interior Minister Tomasz Siemoniak, who asserted that the implementation of the pact was unattainable.

Nevertheless, many Polish citizens feel personally impacted by the current geopolitical landscape, coupled with fears surrounding Russian aggression, especially after the invasion of Ukraine in February 2022. Historical experiences of being under Russian influence exacerbate current anxieties about national security. Should Russia consolidate control over Ukraine, it raises alarming perspectives about Poland’s future security and independence.

The Polish government’s recent legislative proposals illustrate a significant shift in their approach toward migration and border control, underscoring the broader implications these measures have not only for Poland but also for the wider context of European migration policy.