Migration notes from Poland is a new series in which we bring our foreign audience closer to the current situation in the field of migration in Poland. We write about selected events that, in our opinion, influence the public debate and shape the migration reality in Poland.
What is #H5Poland case?
On January 28, 2025, the Hajnówka District Court (Podlaskie, Poland) held the first hearing in the trial of five activists accused of “facilitating residence in the territory of the Republic of Poland in violation of the law.” The prosecutor upheld the charges, and the accused persons pleaded not guilty. On the day of the hearing, a solidarity demonstration was held in front of the court. The trial is related to an event that took place on March 22, 2022, when the Polish border guard detained four people engaged in humanitarian aid at the Polish-Belarusian border. They were stopped while assisting a family of nine from Iraq (including 5 children) and an Egyptian citizen by transporting them a short distance away from the border. At the same time, police searched the home and property of a resident of the Podlasie region who also provides humanitarian support in the area. In December 2023, the public prosecutor linked this individual to the case, altering the charges to accuse them of aiding people who had “illegally” crossed the Polish border by offering them temporary shelter. The accusations against The Five seem absurd – their so-called “crime” consisted of providing food, clothing, and transportation to people in need, helping them move “further into Polish territory.” Moreover, the authorities claim that The Five acted for personal gain—not their own, but for the benefit of those they assisted. For this simple act of solidarity, The Five now face the possibility of up to five years in prison.
Read more: https://szpila.blackblogs.org/what-is-h5poland-case/
What’s going on with the childcare benefit (“800+”) for Ukrainian refugees?
Recently, during the already ongoing presidential campaign leading politicians in Poland publicly proposed to reduce the childcare benefit for people from Ukraine. According to the regulations, to apply for the benefit, the child must reside legally in Poland with his or her parents or guardians, who have access to the Polish labor market. Refugees from Ukraine in temporary protection meet these requirements. The “Ukrainian House” Foundation raised concerns about the proposed changes. The foundation emphasizes that this social benefit is intended to aid children, not entire groups based on nationality. They argue that support for refugee children is a legal obligation, citing international conventions like the UN Convention on the Rights of the Child. The foundation advocates for keeping the criteria inclusive to ensure that all children in need continue to receive support.
https://wyborcza.pl/7,75968,31681589,ukrainscy-zakladnicy-polskiej-kampanii-prezydenckiej.html
How far the use of migrants in the presidential campaign will go?
Anyone who is a guest in Poland and brutally violates the law will be deported from Poland, Prime Minister Donald Tusk said. Recently, we have seen increasing use of migration in political gameplaying related to the upcoming (May 2025) presidential elections. This is not only to the detriment of migrants but also of Poland’s existing laws, the rule of law, and human rights. Crime, especially organized crime, is certainly a problem that requires urgent solutions. However, these solutions should not necessarily be sought in migration law. Perhaps it is first necessary to check whether the prosecution and punishment of this type of crime are effective enough. Such laws, if created in the heat of a campaign, for ad hoc use, mainly harm and spoil the existing law.
Do the Polish authorities really intend to introduce a temporary, territorial suspension of the right to asylum?
Such an announcement was made last fall, just before the publication of a document the government calls the Migration Strategy. A law on temporary territorial suspension of the right to asylum is currently being drafted. The draft went to the relevant committee after its first reading in the parliament. As part of the committee’s work, a public hearing was held in February, where NGOs were able to comment on the bill. All the organizations were critical of the bill. However, there is no indication that the Polish authorities will take this voice into account when drafting the law.
Read more: Statements of UNHCR, The National Bar Council of Attorneys-at-Law, Helsinki Foundation for Human Rights, Polish Bar Council, Commissioner for Human Rights, https://www.sejm.gov.pl/sejm10.nsf/druk.xsp?nr=924
Will Poland adopt a Pact on Migration and Asylum?
“Poland will not implement the Migration Pact in a way that would introduce additional quotas of immigrants in Poland,” Donald Tusk, Polish prime minister, said in a joint press conference with Ursula von der Leyen, the president of the European Commission. “This is not an ideological debate. Poland is in a very particular situation. We’re under huge pressure from illegal migration,” Tusk said. Notably, the Commission refrained from committing to launching legal action against Poland or any other member state. According to a European Commission spokesman Poland is one of three member states that have not submitted plans to implement the pact’s provisions, which will take effect in mid-2026. In November 2024, Polish organisations published recommendations for the Polish National Plan for Implementing the EU Pact on Migration and Asylum.
More information: https://www.euronews.com/my-europe/2025/02/10/brussels-scrambles-to-defend-migration-pact-after-donald-tusks-refusal-to-comply
https://www.pap.pl/aktualnosci/pakt-migracyjny-polska-nie-zlozyla-w-ke-swoich-planow-wdrozenia
What are the humanitarian narratives and responses to the war in Ukraine? ODI report
ODI has released its latest report, examining the narratives surrounding the war in Ukraine. The report was produced in collaboration with the Migration Consortium and the British Red Cross. The authors of the report look at how donors, policymakers, international NGOs, the media, and local actors use narratives to shape perceptions, policies, and responses. The report also describes the phenomenon of “compassion fatigue” towards refugees, which has been observed in Poland for some time now.
More information and the report itself are available here: https://odi.org/en/publications/narratives-and-the-ukraine-response-implications-for-humanitarian-action-and-principles/
What is the policy of pushback and violence of border forces on the Polish-Belarusian Border? WAM Report
We Are Monitoring published a report “We have only one war, which is immigration, which is you”. The report was based on interviews with individuals who crossed the Polish-Belarusian border between January and June 2023. This study focuses on the violence against migrants trying to cross this border. The most common form this violence takes is pushback – apprehension by the Polish authorities and forcible return to the borderline.
A separate chapter addresses the administrative and legal issues and the legality of the Polish state’s practices in response to the border crisis.
Read more: https://wearemonitoring.org.pl/wp-content/uploads/2024/10/RaportGranica_srodek_ENG_online.pdf
Have there been any recent victories for human rights in Poland?
Yes! The European Court of Human Rights has ruled that Poland violated the rights of Roma families forcibly evicted from a settlement on Paprotna Street in Wroclaw. On July 22, 2015, the city of Wroclaw demolished a small settlement where several Roma families had lived since 2009. The residents were not informed of this – they left for work in the morning and found rubble when they returned. They lost not only their homes but also their documents, medicines, and all their belongings. The ECHR ruling is an important precedent. It shows that human rights apply to everyone and cannot be violated with impunity. It also sends a signal to local authorities – that migration policy must take into account the real needs of minorities and protect against homelessness.
Read more:
https://oko.press/romowie-domy-zrownano-z-ziemia-wyrok-etpcz-polska-zlamala-prawo
Is European Court of Human Rights looking into pushbacks on Polish-Belarusian border?
The Grand Chamber of the European Court of Human Rights, comprising 17 judges, is investigating the pushback case at the Polish-Belarusian border. The first hearing was held in Strasbourg on February 12. The case concerns a group of Afghans who were detained – without adequate access to water, food, medical care and shelter – in 2021, surrounded by a cordon of Polish and Belarusian services, in Usnarz Górny. The fact that the Court decided to hear the case with a panel of 17 judges shows the importance of this proceeding in the context of human rights protection in Europe. This is only the 11th complaint against Poland heard by the ECHR Grand Chamber since 1993.
Read more:
