COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES
deportations were executed seemingly uninterruptedly, especially
to Ukraine and the Russian Federation7, while in other cases the
procedures were prolonged8.
As for foreigners placed in detention, NGO practice indicates that
although protection proceedings were not hindered by the state of
pandemic, and decisions were delivered in due time, return procedures
were slowed down, which in some cases resulted in prolonged
detention.
A direct effect of the lockdown was also the severe limitation of legal
aid in detention. The Polish state guarantees free legal assistance
to persons seeking international protection (limited to the appeal
stage). In practice only several NGOs visit those placed in detention to
provide legal information and legal assistance there. Legal aid in return
proceedings is not funded by the state and NGO programs in most
cases are focusing on protection and humanitarian cases only. Persons
at risk of statelessness who have not applied for international protection
may therefore experience significant difficulties in receiving legal
assistance free of charge. Their unique status and lack of dedicated legal
procedures make their status vulnerable as they might be threatened
by prolonged and in some cases arbitrary detention. As part of the
pandemic restrictions, the Border Guards have imposed a ban on
visitors to detention centres which was lifted in mid-May. Most NGOs
have suspended all their visits, and the availability of legal assistance
was severely undermined. It is unclear how the scarcity of legal aid
may have impacted the situation of detained stateless persons but
since they are one of the most vulnerable groups at risk of prolonged
detention, their cases call for special attention of human rights experts
and institutions.
Special measures introduced by state authorities in relation to the
pandemic although not directly concerning foreigners have had an
undeniable impact on the situation of migrants, among which stateless
persons are one of the most vulnerable groups. Limited access to legal
aid, slowing down or suspending of administrative procedures and
difficulties in carrying out removals have all contributed to exposing
them to a heightened risk of prolonged detention.
KATARZYNA PRZYBYSŁAWSKA, PHD
Halina Niec Legal Aid Center
7 “Polska deportuje ludzi w czasie epidemii”, Onet Wiadomości, 12 May 2020, https://wiadomosci.onet.pl/tylko-w-onecie/uchodzcy-z-czeczenii-w-polsce-jakwyglada-sytuacja-na-granicy/c2ygjh3
8 For example in relation to China.
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