Poland's parliament has taken significant steps toward reshaping its immigration policies by passing new legislation to control asylum claims and streamline foreign employment procedures. This move has stirred controversy, as critics argue it undermines international law.
On February 21, the Sejm, Poland's lower house of parliament, approved the bill with overwhelming support, recording 386 votes in favor out of 460 total. This included not only members of the ruling coalition but also representatives from both right-wing opposition parties. The legislation allows the government to suspend asylum claims for individuals crossing the border irregularly amid allegations of migration being used as a tool for destabilization by foreign powers, particularly Belarus and Russia.
Prime Minister Donald Tusk highlighted the necessity of this new approach, stating, "Existing asylum rules were not intended to accommodate the deliberate instrumentalization of migration by hostile states." This phrase—"instrumentalization of migration"—has become key language among Polish and European authorities, reflecting fears of geopolitical crises using migrants to pressure EU countries.
The legislation contains stringent measures, empowering the interior ministry to restrict the right to claim asylum if deemed necessary for security reasons. The Polish government maintains these measures aim to safeguard national interests, yet they have drawn fierce criticism from human rights advocates.
The United Nations High Commissioner for Refugees warned Poland concerning these new regulations, asserting, "The planned toughening of migration and asylum rules does not comply with international and European law." Critics fear these changes could lead to additional suffering for vulnerable asylum seekers, with reports of pushbacks and fatalities along the border to Belarus. Since the escalation of the crisis initiated by Belarus's actions, over 100 people have reportedly died attempting to cross.
This legislative action coincides with the record number of asylum applications Poland received last year, rising dramatically due to individuals fleeing conflict zones from places such as the Middle East and Africa. Tusk's government argues the need for reform is urgent, claiming the previous framework was ill-equipped to manage such influxes.
Aside from asylum reforms, the Polish parliament also recently approved new employment legislation aimed at addressing workforce shortages and streamlining procedures for foreign nationals seeking work. This law, seen as part of Poland’s National Recovery and Resilience Plan, introduces significant revisions, including the removal of the previous labor market test for hiring foreign workers.
Instead of verifying whether local, unemployed Polish citizens could fill available positions, local authorities will now have the discretion to determine which fields can hire foreign workers based on the current labor market conditions. This change aims to facilitate quicker hiring processes to alleviate workforce shortages.
The Sejm approved the employment legislation with 231 votes, enhancing enforcement measures against illegal employment. Notably, it sanctions the taking of unannounced inspections by Border Guard and State Labor Inspectorate officials, enforcing stricter penalties on businesses flouting labor laws. The legislation mandates penalties for hiring violations to be equal, regardless of whether they pertain to Polish or foreign workers, addressing prior disparities.
The amendments also present new digital advancements by fully allocating the work permit application process online, aiming to reduce bureaucratic delays. Advocates for these changes assert they will create more efficient pathways for integration within Poland's labor market.
Opposition parties voiced their concerns during debates, particularly over aspects of the legislation they found too harsh or unyielding. Many of the amendments put forth by the far-right Confederation party were rejected, including proposals to ease requirements for specific nationalities and to limit the number of work permits issued.
These twin legislative developments signal Poland’s shifting stance on immigration and labor. Activists warn, though, such moves may result not only in barriers to asylum for those seeking refuge but also create deniable frameworks to circumvent international obligations. The Zbigniew Ziobro, Poland's Minister of Justice, declared intent to handle immigration pragmatically to protect Poland's sovereignty, raising questions about future policies and their alignment with humanitarian standards.
Overall, the recent actions by the Polish government reflect growing tensions over migration amid international scrutiny, foreshadowing complex challenges for both new arrivals seeking safety and established protocols intended to manage their integration effectively.