Poland's parliament has recently approved a significant change to its asylum laws, permitting the temporary suspension of asylum rights, particularly in response to irregular migration from Belarus. This decision has sparked considerable debate both within Poland and across Europe. The bill, which seeks to address migration control issues, highlights Poland's stance on safeguarding its borders amid rising tensions with neighboring Belarus and Russia.

The Context of the Decision

Poland's Prime Minister, Donald Tusk, has expressed serious concerns about the security of his country, citing not only Russia's ongoing war in Ukraine but also migration flows originating from Belarus, a close ally of Russia. Tusk has repeatedly voiced that Poland faces a threat not just from military actions but also from the orchestrated movement of migrants, which he claims is being facilitated by authoritarian regimes in Belarus and Russia.

In a speech delivered in Brussels in October 2024, Tusk described the situation as a "new form of migration" where human smuggling operations were being conducted on a large scale by these regimes. The idea of "weaponizing migrants" was also discussed by several European leaders, including Russian President Vladimir Putin and Belarusian President Alexander Lukashenko, whom Tusk blamed for this growing crisis. According to Tusk, this situation is not just an immigration issue but a deliberate geopolitical maneuver aimed at destabilizing Poland and Europe as a whole.

Migration Trends: The Polish-Belarus Border Crisis

The migration problem at the Polish-Belarusian border began in earnest in 2021, when a sudden surge in attempted border crossings was reported. The 418-kilometer-long (260-mile) Polish-Belarusian border became the focal point of this migration crisis, with thousands of migrants attempting to enter Poland and, by extension, the European Union. Many of these migrants came from regions such as the Middle East, Asia, and Africa. They were brought into Belarus, often on tourist visas, with the assistance of Belarusian authorities, who directly transported them to the Polish border. These actions were seen as part of a broader strategy to undermine European security and stability.

To combat this influx, Poland has reinforced its border with barbed wire fences and increased patrols, but many migrants continue to attempt to use this route as a way into the EU. Despite these efforts, Poland's border guards have been accused of illegal "pushbacks," forcibly turning away migrants without allowing them the opportunity to apply for asylum. These actions have sparked outrage among human rights organizations, with accusations that Poland is violating international law and European human rights standards.

The Proposed Asylum Law Amendment

In response to the rising migration crisis, Prime Minister Tusk's government has proposed a significant change to Poland's asylum laws. The new bill, approved by the lower house of parliament on February 21, 2025, would allow the temporary suspension of the right to seek asylum under certain conditions. Specifically, asylum applications could be suspended if migration is being used as a tool of political or military manipulation by foreign governments, particularly Belarus and Russia. The law also states that asylum rights can be temporarily suspended if migration is deemed to pose a "serious and real threat" to Poland's national security and public order.

Under the proposed changes, the right to apply for asylum could be suspended for up to 60 days, with the possibility of extending this period, provided the extension is approved by parliament. Importantly, the new law would not apply to vulnerable groups such as minors, pregnant women, the elderly, the sick, or individuals facing persecution in their home countries. However, any claim of persecution would need to be proven before asylum rights could be suspended. This provision ensures that those who are at genuine risk are not turned away.

Political and Legal Implications

The proposed amendment has generated strong reactions both within Poland and internationally. Some legal experts and human rights organizations have criticized the bill, arguing that it constitutes a violation of fundamental human rights and international law. Deputy Interior Minister Maciej Duszczyk, who defended the bill in parliament, argued that the suspension of asylum rights would only apply to migrants, not to Polish citizens, and that the state has a right to prioritize the safety and security of its people. He assured lawmakers that vulnerable individuals, such as mothers with children, would not be turned away at the border. However, critics have pointed to past incidents at the Brest-Terespol border crossing, where people in need of protection were denied entry.

The Association for Legal Intervention, an advocacy group, has labeled the proposed law as a "legalization of pushbacks," accusing Polish authorities of formalizing a practice that violates international norms. This concern is echoed by Urszula Wolfram, head of the Podlaskie Volunteer Humanitarian Emergency Service, who questioned how border guards would be able to distinguish between those who have a legitimate claim for asylum and those who do not. According to Wolfram, decisions about asylum claims should be left to the Immigration Office, not border guards.

Human rights lawyer Hanna Machinska, a former deputy commissioner for human rights in Poland, also voiced her strong opposition to the bill. She described it as a "drastic violation of international law" that breaches the European Convention on Human Rights and Poland's own constitution. She warned that if the law is implemented, Poland could face legal challenges in the European Court of Human Rights and may lose such cases. Machinska also suggested that the law is politically motivated, aimed at appealing to right-wing voters in the lead-up to the presidential elections scheduled for May 2025.

The Migration Debate and Upcoming Elections

The migration issue has become a central topic in Poland's presidential election campaign. The two main candidates, Rafal Trzaskowski, the pro-European mayor of Warsaw, and Karol Nawrocki, supported by the ruling national-conservative Law and Justice (PiS) party, have both taken strong positions on migration. Trzaskowski has criticized the EU's migration policies, particularly the European Pact on Migration and Asylum, which is set to come into force in 2026. Poland has already voted against the pact, arguing that it unfairly distributes migrants across EU countries and threatens the country's security.

On the other hand, Nawrocki has voiced his concerns about the EU's handling of migration and has criticized Germany's role in the crisis. His rhetoric resonates with many Polish citizens, as evidenced by a poll conducted by broadcaster RMF24, which found that 75% of respondents believe Poland should not accept more migrants. Only 20% of respondents supported taking in more migrants, while 5% remained undecided. This public sentiment reflects a growing sense of unease about the impact of migration on Polish society and security.

The bill now moves to the Senate, Poland's upper house of parliament, where it is expected to pass. If approved, it will likely receive the signature of President Andrzej Duda, a conservative ally of the PiS party. The new law could be enacted just as migration numbers are expected to rise in the spring, further intensifying the debate about Poland's approach to asylum and migration.

Implications for the Future

As Poland moves forward with this new approach to migration, several important questions remain unanswered. How will the temporary suspension of asylum rights be enforced in practice? Will border guards be equipped to make determinations about who deserves asylum and who does not? How will Poland balance its national security concerns with its obligations under international law? These are questions that will continue to be debated as the situation evolves.

Additionally, the broader implications of this law for the European Union are significant. Poland's stance on migration highlights the ongoing tension within the EU over how to handle irregular migration and the distribution of refugees. With several countries in Eastern and Central Europe opposed to mandatory migrant quotas, the EU faces a growing challenge in finding a unified approach to migration. Poland's actions may serve as a bellwether for other countries in the region, potentially setting a precedent for how other nations might respond to migration crises in the future.

Ultimately, the situation in Poland raises broader questions about the relationship between migration, security, and human rights in Europe. While Poland's government argues that these measures are necessary to protect national security, critics contend that they undermine fundamental human rights and violate international law. As the debate continues, it will be important for both policymakers and citizens to consider the long-term implications of these decisions and the values that should guide Europe’s response to migration.

The outcome of this debate will have lasting consequences not just for Poland but for the entire European Union. As migration continues to shape the political landscape, finding a balance between security concerns and human rights will remain one of the most pressing challenges facing European leaders.