What You Should Know About Foreigners’ Detention in Poland

In Poland, the detention (detencja) of foreign nationals is typically carried out by placing them in guarded centers, often referred to as closed centers.

Reasons for detaining foreign nationals

Foreigners may be detained for various reasons, including:Di

1. Maintaining public order – preventing illegal entry or unlawful stay within Polish borders;
2. Facilitating deportation – ensuring the foreign national can be deported in an orderly manner;
3. Verifying identity – helping authorities confirm the migrant’s identity and legal status.

Importantly (!), minors over 15 years old who are in Poland without the required protection may also be placed in these centers, under appropriate supervision.

Duration of detention

Initially, a foreign national can be detained for up to 48 hours while the Border Guard applies to the court for a decision on continued detention. The court may then decide to place the person in a guarded center for one of the following periods:

• up to 60 days if the individual has requested international protection;
• up to 90 days if no such request has been made.

However, depending on the case, the detention period can be extended, but it cannot exceed 18 months in total. After 6 months, if the court has not made a decision, the detainee must be released.

Rights of detainees in guarded centers

Foreign nationals detained in closed centers are entitled to:

• Access to information about their legal rights and obligations;
• Free legal counsel and language support, especially in administrative and medical matters;
• The ability to appeal decisions relating to their detention, extension of stay, or refusal of release.
• Apply for international protection

Appeal must be filed within 7 days from the date the decision is delivered, and they should be submitted to the relevant regional court. The court is obligated to review the complaint within 7 days.

When can a foreigner be released from guarded center?

The Border Guard has the authority to release a foreigner from detention at any time, either automatically or upon request, if:

1. The reasons for detention are no longer valid;
2. Detention poses a threat to the individual’s health or safety;
3. The individual’s mental or physical state indicates they may have been a victim of violence;
4. There are legal or factual issues preventing deportation;
5. The foreigner is a victim of human trafficking or related procedures are in progress.

Additionally, foreigners can be released if they have been subjected to other legal measures that restrict their freedom, or if returning them to their home country has become impractical.

Importantly, detention should always be a last resort. Before a detention order is issued, authorities should consider and exhaust all alternative measures