The Act of October 14, 2021, amending the Act on Foreigners and certain other acts was published in the Journal of Laws. It entered into force on October 26, 2021.
Changes in border crossing
The main change introduced is that the commander of a Border Guard post may issue an order to leave Polish territory for a foreigner who has been apprehended immediately after illegally crossing the European Union's external border. Simultaneously with the order to leave the Republic of Poland, the foreigner will also be subject to a temporary ban on entry to Poland and Schengen countries.
This ban can be imposed for a period of six months to three years, and the foreigner's data will be recorded in Polish systems and the Schengen Information System, allowing for denial of entry if necessary. The order of the commander of the post may be appealed to the Commander-in-Chief of the Border Guard; however, this will not suspend the execution of the decision to expel the foreigner from Polish territory.
Another sanction for illegally crossing the European Union's external border, in the case of immediate detention, will be the possibility for the Head of the Office for Foreigners to leave the application for international protection without review. However, this will not be the case if he or she came from an area where his or her life or freedom was threatened by persecution or risk of serious harm (provided that credible evidence was presented and an application for international protection was submitted immediately after crossing the border).
New prohibited act
From October 26, 2021, the perpetrator who takes, destroys, damages, removes, moves, or renders unusable elements of border infrastructure or those intended to protect the state border (e.g., fences, barbed wire, or barriers) faces a prison sentence of between six months and five years. In cases of less serious offenses, the court may limit itself to a fine.
