Full Report
Activists claimed that the law could have exposed volunteers helping migrants at the Belarus border to up to three years in prison.
Analysis Summary
# Regulation/Compliance: Proposed Criminalisation of Non-Financial Assistance to Irregular Migrants (Poland), Withdrawn
## Overview
Poland's Ministry of Interior and Administration (MSWiA) proposed a Criminal Code amendment that would have made it an offence to knowingly "enable or facilitate" the illegal stay of a foreign national in Poland, even without financial or personal gain. The offence carried up to three years' imprisonment. The ministry said the measure would close a "loophole" used to aid migrants under the pretext of humanitarian help. Human rights groups, aid workers, and opposition within the government objected, and the ministry withdrew the proposal in mid-October 2026. Nothing was enacted.
## Key Details
- **Issuing Authority:** Ministry of Interior and Administration (MSWiA); deputy minister Czesław Mroczek was quoted defending the proposal. The Ministry of Family opposed it.
- **Effective Date:** None. The amendment was never adopted.
- **Jurisdiction:** Poland, with relevance to the EU border with Belarus.
- **Status:** Withdrawn (formerly Proposed)
## Requirements
### Mandatory Requirements
No new obligations are in force. The status quo is:
1. Facilitating the illegal stay of a person in Poland for financial or personal benefit remains punishable by up to five years' imprisonment under current law.
2. Had the proposal passed, the offence would have covered knowing facilitation of illegal stay without any benefit, with a maximum of three years' imprisonment.
### Recommended Practices
1. Organisations providing aid in border areas should obtain legal advice on how existing offences apply to their activities.
2. Keep records of the nature, scope, and funding of assistance (food, shelter, medical care, legal aid) so activities can be shown to be humanitarian and non-financial if questioned.
3. Monitor the legislative agenda, since the proposal could return in revised form.
## Affected Organisations
- **Industries:** Humanitarian NGOs, medical providers, lawyers, child-care facilities, anti-trafficking organisations, and border-area residents. Per the joint statement, these are the groups the proposed wording could have reached.
- **Organisation Size:** Not a factor in the proposed text. It applied to individuals as well as organisations.
- **Geographic Scope:** Poland, with particular concern for areas bordering Belarus.
## Compliance Timeline
- **2025 (September):** Five activists acquitted at first instance of enabling the illegal presence of Middle Eastern migrants who had crossed from Belarus in 2022.
- **March 2026:** Acquittal made final on appeal.
- **October 2026 (week of 12 to 16):** MSWiA proposes the amendment. Rzeczpospolita reports it, and the ministry withdraws it.
- **Ongoing:** No compliance deadline exists because the measure was withdrawn.
## Implementation Guidance
### Assessment Phase
- Map which current activities (food, shelter, transport, medical or legal help) could be characterised as facilitating unlawful stay.
- Identify whether any staff or volunteers receive payment or other personal benefit, since that is the element that already triggers liability under current law.
### Implementation Phase
- Adopt written policies that separate humanitarian aid from any benefit or facilitation of immigration status.
- Train volunteers on legal boundaries and on when to refer people to licensed legal advisers.
### Validation Phase
- Review policies periodically against Polish criminal law and any new amendments.
- Track parliamentary proposals through official Sejm and government channels.
## Technical Requirements
None. The article describes no technical controls, data-handling rules, or reporting obligations.
## Penalties & Enforcement
- **Fines:** None specified in the proposal. The described penalty was imprisonment.
- **Other Consequences:** Prosecution of volunteers and residents. Five activists were prosecuted under existing law before their acquittal, showing the enforcement risk even without the amendment.
- **Enforcement:** Would have been enforced through the Polish criminal justice system. Prosecutors had sought prison sentences in the 2022 case.
## Related Standards
- **International human rights obligations:** The 61 signatory organisations, including Amnesty International and the Helsinki Foundation for Human Rights, argued the proposal "violates international standards binding Poland." The article does not identify the specific instruments.
- **EU framework:** The article mentions EU border measures against alleged Belarusian "weaponisation" of migration but does not cite specific legal instruments.
## Resources
- **Official Documentation:** Not provided in the article. Consult the Polish Sejm and MSWiA websites for the draft text.
- **Source Reporting:** Notes from Poland (notesfrompoland[.]com), which covers the 2025 acquittal and the 2026 proposal.
- **Guidance Documents:** Joint statement by 61 organisations (cited in the article, not linked in the text provided).
- **Tools:** None applicable.
## Practical Recommendations
- Treat the withdrawal as temporary. The article shows the government considered this measure and may revisit it.
- Document that aid is provided without financial or personal benefit, and keep that documentation current.
- Get legal review before expanding services to people with irregular status, particularly at the Belarus border.
- Coordinate with established legal aid and human rights organisations, which have experience defending volunteers.
- Note that the article is truncated. Details of the attorney's comments and any later developments are missing, so verify the current legal position before relying on this summary.