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Do you remember when in December 2023, Poland finally voted out the the far-right PiS party and moderate Europeans rejoiced to see Tusk become the prime minister?
Well, it seems that this joy might have been a bit premature. You see, Poland is currently being flooded by migrants from Belarus. Per the BBC:
Dozens a day might add up to ten or twenty thousand over a year. Of course, most of them don't want to stay in Poland in the first place:
The population of Poland is around 38M, and there a about 1M refugees from Ukraine in Poland without civilization ending, but the migrants via Belarus seem to tax the Polish state beyond the breaking limit.
Thus, the ultima ratio of a state fighting for its survival:
There are some things a government or legislature can suspend at will. If Tusk decides to suspend a civil servant or a subsidiary for farmers, that is his prerogative.
The right to asylum is not something you can suspend at will. I mean, if you are in the middle of a zombie virus apocalypse, a case might be made, but Poland is very much not on the brink of collapse.
Obviously, I am not suggesting that all the refugees entering via Belarus should get asylum. Likely, almost none of them qualify. But they should have a right to make their request and get a speedy rejection, followed by an appeal speedily denied by a judge and a plane ticket back to their country of origin.
Yes, this will mean that for every plane ticket that Belarus buys (or makes some migrant pay for), the EU will also need to pay for a plane ticket, but realistically that is the only way out of the situation. We do not want to compete with Belarus in "who is better at terrorizing delusional migrants", because that game can only be won by shooting more unarmed civilians than Belarus is willing to shoot.
This is feasible because the GDP of the EU is much higher than that of Russia (which also likes to spent its income on other stuff, such as killing Ukrainians). We can match them plane ticket for plane ticket. There are places where the number of migrants/refugees/asylum seekers reaches numbers where one might discuss how one can handle all the people. The border between Poland and Belarus is not such a place.
The right to asylum has already been suspended in the EU, the catch is that it is suspended in favor of the refugees. They get all the protections of the asylum laws, they follow none of the obligations.
The laws say "you must apply in the first safe country" - doesn't happen.
The laws say the asylum seeker must be fleeing persecution or serious harm in their country of origin - almost none of them are.
The laws say that asylum seekers must be returned to the first safe EU country they arrived in for said country to decide asylum - this never happens.
The laws say asylum seekers must return when their case is denied - almost none of them do.
If others can selectively apply the asylum laws why can't Poland? What justification does the EU have for enforcing this law when the EU itself doesn't follow it?
This is a false dichotomy between "give migrants more money" and "shoot migrants". Might I humbly suggest a third option, which is to simply not offer rights and money to outsiders in the first place?
Governments are vastly more powerful than most humans. This is why we limit what governments can do to people, even in contexts where the individuals often don't play by the rules. For example, even if most criminal defendants are guilty, we still want trials to follow due process.
Of course a lot of people claiming asylum in European countries are in fact economic migrants. And of course many of them will not be swiftly deported. But none of that affects the rights of people with a legitimate claim to asylum.
As an analogy, taxes are a legal way for a government to get funds from its citizens. Suppose that one European country refuses to collect taxes from someone. Should this give another EU country the licence to just confiscate property of some other party at gunpoint, because 'taxes are already suspended in the EU'? Clearly not.
I was not saying 'give money to migrants'. I was saying 'spend money on migrants', which is different. At the end of the day, the migrants in Belarus were shipped there with the explicit goal of annoying the EU. Given the general regard for human rights in Belarus, it seems safe to assume that these migrants can be put under enough pressure that they believe that their lives will depend on reaching the EU, and risk their lives in the process. Under such circumstances, push-backs are ugly affairs.
I think a better analogy would be if the EU agreed to set a minimum tax rate for the EU budget and all signed a treaty that said as much. What happens when, say, Germany decides to not enforce the minimum tax? What gave Germany license to suspend their treaty obligations to pay tax? Why should Poland listen to the EU when the EU tries to selectively enforce the tax treaty? Ok now what gives Germany the right to not ensure fair asylum claims (a fair asylum claim means actually getting them kicked out when they do not qualify)? What gives the EU the right to selectively enforce a migration treaty on Poland?
I will also point out that the EU, and every country, already has a license to just confiscate property at gunpoint. It is called taxes. What happens to those who do not pay taxes? Men with guns come to confiscate their property. Yes the payee generally gets a good deal (civilization) out of this. But force or threat of force is the driver behind the transfer. Confiscating property at gunpoint is what taxes are, EU countries already have this license.
The migrants all made a conscious and free choice to go to Belarus, and then to either sneak in or lie to the EU about what danger they are in back in their origin country. If any danger to the migrants exists in Belarus it is because they choose to put themselves in danger. The migrants put themselves in this situation, if the EU wants to tell itself it has a legal obligation to fly them back then fine. But I think how it is now is a bad system because those that stand to benefit from abuse of the system (illegal migrants) do not currently pay the full costs for that abuse (getting back home), so they should change the law. It would seem ideal to me (and Poland) by scrapping the right of asylum entirely.
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