EU developments and updates

In December 2021 Frontex released an update on illegal crossings and detentions for the first half of 2021. Specifically, in November 2021 there were approximately 22 450 detections of illegal border crossings on the main migratory routes into the European Union. This figure is similar to the figure for 2020 and is 35% higher than the number detected in 2019. In total, there were 184 180 illegal crossings in the first 11 months of 2021, an increase of 60% compared to the previous year.

National developments

Belgium: For several years transit migration (mainly to the United Kingdom) has been an important issue in Belgium. For this reason, on 31 December 2021, the Brussels Government purchased a building, which will be converted into a reception center for migrants in transit. In the reception centre, planned to be opened at the end of 2022, the migrants will receive information on inter alia asylum and return.

Estonia: As a response to the influx of irregular migrants to Lithuania, since July Estonia has deployed each month one ESTPOL5 unit to the Lithuanian-Belarusian border, i.e. three additional units in October -December. Assistance to Lithuania is provided under a bilateral agreement between the Police and Border Guard Board and the Lithuanian Border Guard.

Ireland: On 31 December 2021 the Criminal Justice (Smuggling of Persons) Act 2021 came into force.

On 6 December 2021 the Department of Justice announced a new scheme to regularise long-term undocumented migrants and their families living in Ireland which was opened in January 2022.

Latvia: On 2 November 2021 the Cabinet of Ministers approved the 'Regulations regarding the temporary holding room of the State Border Guard and a specially equipped vehicle'. These provisions improve the accommodation conditions for persons temporarily detained. The new framework removes provisions that no longer comply with modern requirements and includes provisions specifying the fitting requirements according to international standards, such as a clarification of the minimum space requirement.

On 28 December 2021 amendments to the Law On Operation of the Schengen Information System, which improved the Schengen Information System (SIS) by extending the possibility of issuing additional categories of persons and objects in international search, entered into force. The amendments also provide for the use of the Schengen information system for returning irregularly stay third-country nationals.

Poland: On October 25, 2021, the Act of October 14, 2021, amending the Act on foreigners and other acts came into force. The amendment: :

• provides that a foreigner who has been apprehended immediately after an unauthorised crossing of the state border being the external border of the EU will be issued an order to leave the territory of the Republic of Poland and will be temporarily banned from entering Poland and the Schengen area;
• allows the Head of the Office for Foreigners to leave the application for international protection unprocessed if it was submitted by a foreigner apprehended immediately after illegally crossing the external border of the EU, unless the foreigner "arrived directly from the territory in which his life or freedom was threatened by the danger of persecution or the risk of serious harm, and presented credible reasons for illegal entry into the territory of the Republic of Poland and applied for granting international protection immediately after crossing the border". A foreigner dissatisfied with the decision may submit a formal reminder to the Refugee Board (higher level authority) which will be obliged to assess the way of using the administrative discretion by the Head of the Office for Foreigners. Finally decision of the Head of the Office for Foreigners will be also subject of judicial control;
• introduces a criminal provision with regard to destroying border infrastructure. In particular, fences, entanglements, barriers or turnpikes.

On November 30, 2021, President Andrzej Duda signed amendment to the Act on the Protection of the State Border and certain other acts. The amendment implied  the possibility of introducing, for a limited period of time, a residence ban in areas near the border. Basing on the amendment a temporary ban on staying in a specified area in the border zone was introduced for the period from 1 December 2021 to 1 March 2022.

Slovenia: The training of 20 new analysts for the national needs according to the CIRAM (Common Integrated Risk Analysis Mode) methodology took place in November 2021.

Georgia: On 7 October 2021, an agreement on the readmission of persons residing without authorisation was concluded between the Governments of Georgia and Montenegro;

On 1-3 December 2021, the penitentiary staff of the Ministry of Justice (MoJ) was trained on expulsion procedures of irregular migrants.