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Sunday, October 17, 2021

The Senate introduced amendments to the amendment regarding illegal border crossing

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The Senate introduced amendments to the amendment, according to which a foreigner detained immediately after crossing the external border of the European Union illegally, by the decision of the commanding officer of the Border Guard post, will be obliged to leave the territory of the Republic of Poland and be temporarily banned from entering Poland and the Schengen states.

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50 senators voted in favor of the amendment as well as the adopted amendments, 45 were against and five abstained. Now the act will return to the Sejm.

Earlier, at a joint meeting of the Senate Committee on Human Rights, the Rule of Law and Petitions and the Local Government and State Administration Committee, it was recommended that the act be rejected.

Proposed corrections

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Due to the fact that this motion did not get the majority of votes, senators voted on the three amendments proposed by the committees. All amendments – two of which are technical – were adopted.

On the other hand, the amendment proposed by Senator Marek Borowski (KO) introduces a provision according to which “if the decision to leave the territory of the Republic of Poland concerns a foreigner who has crossed the border in violation of the law together with a minor child of whom he is a parent, the submission of a complaint suspends the execution of this decision” .

Provisions of the amendment to the act on foreigners

Pursuant to the amendment, a foreigner detained immediately after crossing the external border of the EU illegally, by the decision of the commanding officer of the Border Guard post, will be obliged to leave the territory of the Republic of Poland and be temporarily banned from entering Poland and the Schengen countries.

The amendment also introduces a provision according to which the Head of the Office for Foreigners may leave an application for international protection unrecognized if it was submitted by a detained foreigner immediately after crossing the external border of the EU (with Russia, Belarus and Ukraine), unless this person is .in. she came directly from territory where she was threatened with persecution.

Polish-Belarusian borderArtur Reszko / PAP

Prison sentences or fines

The amendment to the Act on Foreigners also introduces prison sentences or fines for destroying border infrastructure. The regulation indicates that it concerns in particular fences, entanglements, barriers or gates.

According to this article, a person who “takes, destroys, damages, removes, moves or renders unusable elements of infrastructure located in the frontier zone and intended for the protection of the state border, in particular fences, barriers, barriers or barriers”, will be she was subject to the penalty of deprivation of liberty for a term of between 6 months and 5 years. In the case of a minor, the perpetrator would be subject to a fine.

The regulation also introduces a provision according to which the data of a foreigner who illegally crossed the border will be included in the list of foreigners whose stay in Poland is undesirable for the period specified in the ordinance. The data of this foreigner, for the same period, will be provided by the Head of the Office to the Schengen Information System for the purposes of refusing entry.

The draft states that the act will enter into force on the day following its promulgation.

Main photo source: Artur Reszko / PAP



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