Poland Pushes EU to Adopt Border Policy Suspending Asylum Claims

Poland is urging the European Union to adopt a policy that would allow member states to temporarily suspend asylum applications during periods of mass migration orchestrated by external actors, mirroring its own border policy enacted in March 2025. Authorities in Warsaw initially presented the halt of asylum claims from migrants entering from Belarus as a short-term measure to counter perceived destabilization efforts by Russia and its ally Belarus.

The border policy has remained in effect for over 18 months, and Poland is now advocating for a bloc-wide approach to address what it terms "instrumentalized" migration. This push comes as the European Commission announced it would soon propose a new "European emergency response framework" to handle such situations. European Commission President Ursula von der Leyen stated this framework would allow for "flexibility" in applying standard migration procedures under specific circumstances for limited periods.

Poland's deputy interior minister, Maciej Duszczyk, welcomed the European Commission's announcement, viewing it as a sign of growing EU interest in the "Polish solution." He cited the July border crisis in Ceuta, where a large number of individuals crossed into the Spanish enclave, as an event that highlighted the vulnerability of other EU countries to similar border challenges.

However, the proposed framework has raised concerns among human rights advocates and some European Parliament members. Tineke Strik, a Dutch MEP, expressed fears that the emergency framework could legitimize the curtailment of asylum rights across the EU, potentially undermining core principles of European and international asylum law, including the right to seek asylum before facing potential persecution.

Michael O’Flaherty, human rights commissioner for the Council of Europe, also voiced concerns, noting that discussions about suspending the right to asylum at the EU level are worrying and could lead to violations of international law. Critics argue that legalizing such suspensions would be a significant blow to fundamental human rights, particularly the principle of non-refoulement, which prohibits returning individuals to places where they face persecution.

Minister Duszczyk maintains that Poland's suspension of asylum rights is compliant with international law, asserting that vulnerable individuals, such as pregnant women, children, or those facing persecution in Belarus, can still apply for asylum. He stated that any person arriving at the border has the right to explain their situation to Polish border guards.

Contradicting the minister's claims, the Polish ombudsman and non-governmental organizations assisting migrants at the border report that asylum claims are often dismissed. Karolina Czerwinska from the Association for Legal Intervention stated that while visibly pregnant women might have a chance, the arguments of sick individuals or minors are typically disregarded.

Human rights groups also noted that von der Leyen's announcement was surprising given the EU's new Pact on Migration and Asylum, which already permits deviations from standard asylum procedures for member states facing border crises. Duszczyk, however, argued that the new framework proposed by the Commission indicates that the existing pact is insufficient and a new legal instrument is needed to allow for emergency suspensions of normal procedures.

The European Commission is expected to provide further details on the emergency framework during a summit of interior ministers on October 1, with discussions continuing at a European Council summit later that month. The border between Poland and Belarus spans approximately 400 kilometers (250 miles).