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POLAND
wise the respite is 14 days (Article 90), if it is not accompanied by an order of immediate
enforceability, as is always the case under point 5. Foreigners who are expelled on grounds of
not leaving the territory of Poland in the timeframe specified in the decision on expulsion may
also be deported immediately (Article 94).
Article 14 (1) of the Aliens Act also stipulates:
An alien stopped in the border zone directly after having crossed the border involuntarily or
contrary to the binding laws may be immediately escorted to the state border of the Republic of
Poland.
The expulsion order may also specify the route and place of border crossing, as well as the
obligation to stay at a detention facility or other specified place until the execution of the order;
and may oblige the alien to report regularly to the relevant authorities (Article 90).
According to Article 92 of the Aliens Act of 2003, an order of expulsion may be issued by the
Minister of National Defence, the Chief of the Internal Security Agency, the Chief of the Intelligence
Agency, the Commander in Chief of the Border Guard, the Commander in Chief of the
Police, the commanding officer of the Border Guard Division, the Governor of Province of the
Voivoda (provincial) Police headquarters, the commanding officer of the Border Guard checkpoint
or Customs Service Agency, by the competent Voivod at the aliens residence or location of
the breach of law. By contrast, a decision on detention always requires a court decision.
Minors may be expelled, where care will be provided in the country of origin by parents, other
adults or competent care institutions in accordance with the provisions of the New York Convention
on Children’s Rights of 20 November 1989.
Illegal Entry
Illegally entered migrants may be imprisoned and fined. Any foreigner entering Poland with
forged documents may be sentenced to imprisonment for up to two years. Foreigners may be
fined if they reside unlawfully in Poland; do not present proof of financial means of support; do
not leave when required; do not comply with an order to stay in a specified place, or report as
required to the authorities; or do not carry proper documentation.
There is a high rate of trafficking both out of, and into, Poland. Extensive networks of foreigners
across the region, restrictive legal migration opportunities at home, the push of female migrants,
the burgeoning sex industry and the size of the informal sector contribute significantly to trafficking
in women in Poland. 2
Article 253(1) of the Penal Code of 1998 criminalizes trafficking in persons to the extent of
sentencing traffickers caught to a minimum three years of imprisonment. Undocumented
migrants are generally expelled and deported within 48 hours (Article 14 of the Aliens Act). This
also includes migrants who were trafficked to Poland. According to Anti-Slavery International,
prosecutions for trafficking for purposes other than prostitution are extremely rare 3 and the