Illegal emigration has been a serious global problem for many years. For millennia, populations have been moving in search of a better life and, above all, improved economic and living conditions. In this regard, migrants seek to find a safe place for themselves as well as their loved ones. Since 1990 there has been a steady increase in the number of foreigners coming to Poland and thus to the European Union. Migration can take two main forms, namely legal and illegal. The former can certainly contribute at least to the economic growth of the country, socio-cultural development, while the latter is a destructive and undesirable element in national and international politics. According to official statistics from the International Labor Organization, in 2019 the number of people migrating around the world to find employment was 169,000,000 people. Overall estimates by the International Organization for Migration indicate that by 2050 the total number of environmental migrants will range between 25,000,000 and 1. 000,000,000 people.
According to Eurostat data, the total number of citizens outside the EU, who live in the EU as of January 1, 2022, was 23,700,000 people.
The following chart illustrates the number of asylums granted within the European Union.
The basic legal acts of the European Union that frame the prevention of illegal immigration and thus define the priorities related to its combating are, among others: Treaty on the Functioning of the European Union , Council Directive 2002/90/EC of November 28, 2002 defining the facilitation of illegal entry, transit and residence, Council Framework Decision 2002/946/JHA of November 28, 2002 on the strengthening of the penal system to prevent the facilitation of illegal entry, transit and residence as well as the so-called Return Directive i.e. Directive 2008/115/EC of the European Parliament and of the Council of December 16, 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals. In the third part of the Treaty, we find the legal basis for EU policy and the internal actions of the European Union in the field of migration policy, among others.
The second chapter is related to policies on border control, asylum and migration. Articles 77 to 80 provide for solutions related to the protection of external borders (Article 77), the protection of third-country nationals (Article 78), a common immigration policy (Article 79) and the division of tasks (Article 80). Also directly related to illegal immigration is Directive 2009/52/EC of the European Parliament and of the Council of June 18, 2009, providing for minimum standards with regard to sanctions and measures against employers of illegally staying third-country nationals. The purpose of the Directive is to counter illegal immigration by weakening the employment incentive factor. As indicated directly in the directive, “one of the key factors encouraging illegal immigration to the EU is the possibility of working in the EU without having the required legal status.
In turn, in the Polish legal system, the basic legal acts, apart from the Constitution, that normalize issues related to migration include:
– Act of December 12, 2013 on foreigners.
– The Act of June 13, 2003 on granting protection to foreigners on the territory of the Republic of Poland.
– The Act of July 14, 2006 on the entry into, residence in and departure from the territory of the Republic of Poland of citizens of European Union Member States and their family members .
In recent years since 2015, an increased migration crisis can be observed on the territory of the European Union and especially on its southern and eastern borders. From Poland’s perspective, a significant increase in illegal migrant smuggling activities is recorded on the Polish-Belarusian border.
The Belarusian authorities deliberately bring in citizens from the Middle East, mainly Syrians and Afghans, in order to cause chaos at the border and accuse Polish services of inhumane behavior towards refugees. Some Polish politicians or even academics getting carried away by emotions and propaganda in a completely unauthorized way make claims accusing representatives of Polish services of inhumane behavior and even of committing crimes against immigrants. An example is the interview conducted with Professor Hanna Machinska, former deputy Ombudsman, who stated that there is ample evidence that they used violence. There are photos that show this. It is also taking phones, destroying them, taking documents. In my opinion and 30 years of practice associated with law enforcement agencies, such actions are characteristic, as is well known, not of the Polish services, but of those involved in illegal human smuggling and trafficking. Finally, it should be mentioned that directly related to emigration are its negative aspects, namely issues of terrorism, espionage as well as human trafficking and organized crime in the broadest sense. For what but an act of a terrorist nature was the recent tragic incident on the Polish-Belarusian border, when at the end of May 2024 another tragic incident occurred at the Polish-Belarusian border crossing in Podlasie, this time involving a soldier of the Warsaw armored brigade on duty at the state border, when an illegal immigrant stabbed the officer in the chest. As a result of the incident, the soldier defending the Polish border died.
According to official data from the European Council, 15 terrorist attacks took place in EU Member States in 2021, while 29 jihadist or far-right plots were thwarted within the EU in the 2019-2021 period. A total of 1,560 people were detained on suspicion of terrorism-related crimes in 2019-2021. According to the data, in 2021 the countries with the highest number of terrorist attacks were: France (5), Germany (3), Sweden (2), Spain, Hungary, Denmark, Belgium and Austria, one attack each. On the other hand, in the current 2024 in the UK and Germany we already have 3 victims of terrorist attacks each, and I wish as a citizen and supporter of the European Union that this trend is on the decline.
Isn’t it worthwhile to intensify the information policy in the areas from which immigrants come and to seek assistance in their countries so that tragedies do not occur at the borders? Of course, it should be realized that it is impossible to completely eliminate the dangers of illegal migration, however, it is possible to reduce them after all. From the perspective of the EU, it seems advisable to develop a comprehensive migration policy, rather than the proverbial “firefighting” in areas of inflammation on the borders of the Union and trying to burden countries that have so far unprecedentedly helped war refugees, including those from Ukraine, with additional obligations to take in more migrants. Recently Mrs. Ursula von der Leyen stated that the previous project related to issues of illegal emigration was stuck in Parliament. As a citizen of the UE, such claims unfortunately do not resonate with me. As I said a quick and comprehensive solution to this important problem is needed.
