Poland's parliament has taken significant steps to address concerns surrounding irregular migration by passing legislation aimed at temporarily suspending asylum rights. This move, which has stirred controversy, reflects the government's stance on national security amid increasing pressure from migration routes linked to Belarus and orchestrated by Moscow.
On February 21, 2025, Polish lawmakers voted overwhelmingly to approve this bill, which is intended to curb what many officials describe as the "weaponization of migrants" by authoritarian regimes. Prime Minister Donald Tusk, under whose administration the bill was proposed, voiced concerns about the threats posed by this new form of migration during discussions with EU leaders. "We are dealing with a new form of migration where authoritarian regimes are organizing human smuggling on a large scale," Tusk remarked at the Brussels summit last October.
This legislation allows the Polish government to suspend the right to apply for international protection for up to 60 days under specific conditions related to national security threats, particularly when migration is being used as a tool for political leverage by foreign governments like Belarus and Russia. With the current political climate, Tusk has emphasized the importance of ensuring the safety of Polish citizens, stating, "We must protect our nation from the increasingly organized and threatening behavior of neighboring countries.”
Details of the bill indicate exclusions for minors, pregnant women, the elderly, sick individuals, and those who can demonstrate persecution from Belarusian authorities. Yet the criteria for proving persecution remain contentious, igniting debates on human rights violations. Critics have already pointed out substantial flaws within the proposed measures.
Deputy Interior Minister Maciej Duszczyk defended the bill, arguing, "We are only talking about suspending the rights of migrants. There is grading of civil rights, of human rights. There is a state whose citizens have priority." These remarks, made during parliamentary debates, have not only drawn ire from opposition parties but also human rights groups who label the decision as detrimental to Poland's international obligations.
Many legal experts have expressed deep concerns over the bill's ramifications, including its potential infringement on the European Convention on Human Rights. Prominent human rights lawyer Hanna Machinska characterized it as a "drastic violation of international law," asserting, "The law breaches the European Convention on Human Rights. So, if it goes to the European Court of Human Rights, Poland will lose." She and other activists argue the move is purely political, aimed at appeasing the nationalist sentiment prevalent among certain voter segments.
"Such measures set a dangerous precedent and reflect poorly on our commitment to upholding human rights standards," she stated.
Implementation of this law could inadvertently legalize existing practices of pushbacks, as outlined by Urszula Wolfram, head of the Podlaskie Volunteer Humanitarian Emergency Service. "This legislation is merely legitimizing the current pushback practice of Polish authorities," she explained. Wolfram highlighted the troubling phenomenon of migrants being turned away without being permitted to apply for protection, raising alarms among legal advocates about the threshold for humane treatment.
Despite mounting opposition, the bill's proponents have focused on electoral calculus, with presidential elections approaching. Rafal Trzaskowski, the candidate for Tusk's Civic Platform, has shifted his public messaging concerning migration as the election looms. He declared, "No one in Europe should think they will force us to do anything," referencing the EU Pact on Migration and the demand for shared responsibility among member states.
Karol Nawrocki, the presidential candidate from the national-conservative Law and Justice party, has echoed sentiments opposing wider EU migration policies and framed them as threats to Polish sovereignty. He stated, "I do not agree with what is happening with migration policy in the European Union." Polls indicate substantial support among the Polish populace for hardline stances against migrants; approximately 75% of those surveyed oppose increasing migrant numbers, showcasing the government's alignment with public sentiment.
While the bill now awaits potentially swift approval from the upper house of parliament, its passage would likely mark the new asylum policy’s implementation just as warmer months bring heightened migration activities. Lawmakers' decisions may echo through the European legal framework for years to come as Poland grapples with balancing national security and its international legal obligations.
The next few weeks will be telling for Poland's approach to migration, particularly as it takes center stage within the EU's broader discussions on asylum and migration policy reform slated for 2026. While Tusk's government seeks to respond aggressively to perceived threats, the scrutiny from global watchdogs casts doubt on how these implemented policies will hold up against international law.