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Polish ministry proposes jail for ‘helping illegal migrants’

13.10.2026 11:30
Offering a migrant a hot meal or warmth could mean up to three years in prison in Poland under an interior ministry proposal that has outraged lawyers, the Rzeczpospolita daily reported.
File photo: Migrants receive humanitarian aid donated by Grodno people as migrants continue to wait at a closed area allocated by Belarusian government the Belarusian-Polish border in Grodno, Belarus on November 27, 2021.
File photo: Migrants receive humanitarian aid donated by Grodno people as migrants continue to wait at a closed area allocated by Belarusian government the Belarusian-Polish border in Grodno, Belarus on November 27, 2021.Sefa Karacan / Anadolu Agency/ABACAPRESS.COM

Under current law, only those who help someone stay in the country illegally for financial or personal gain face punishment, with a maximum sentence of five years. The government now wants to close that gap and cover help given without any such benefit, the newspaper said Tuesday.

Deputy Interior Minister Czesław Mroczek put forward the change in comments on a Justice Ministry draft amendment to the criminal code. It would add a provision to Article 264a, punishing anyone who knowingly enables or eases the continued stay of a person who is in Poland illegally.

The ministry argues the move would help combat migrant smuggling. “Currently the above behaviour is not penalised, which creates a loophole for people who exploit such situations and, under the pretext of helping migrants, assist them in staying illegally and serve as a starting point for further illegal migration to Western Europe”, Mroczek was quoted as saying.

Lawyers say the measure is aimed at the wrong people. Radosław Baszuk, who was among the defence lawyers for activists acquitted by a court in Hajnówka, said it would hit those offering humanitarian help.

“This solution is not aimed at smugglers, but at activists or residents of border areas who provide humanitarian aid to foreigners who have crossed the border illegally and are staying in Poland,” he told the paper.

(jh)

Source: PAP