“The federal police conduct spot checks within a 30-kilometer zone from the border into German territory. A person is not considered to have entered the country until police actions directly related to the border have been completed,” the German Federal Police stated in response to a question from journalist Aleksandra Fedorska.
“As a result, Germany simply assumes that anyone found within 30 kilometers of the Polish border inside Germany came from Poland and can therefore be sent back,” explained Michał Rachoń, Program Director at TV Republika.
Journalist Aleksandra Fedorska published the Federal Police’s response on social media regarding the detention of individuals being deported to Poland.
Fedorska had asked at what distance from the border individuals were being stopped before being expelled to Poland.
“Federal police border checks are conducted on German territory. Officers carry out spot checks within a 30-kilometer zone from the border inward. A person is not deemed to have entered the country until all border-related police procedures have been completed – even if the physical border has already been crossed,” – the German police explained.
Germany Circumventing Procedures
The “Służby w akcji” (Services in Action) profile clarified that, according to this interpretation, a person stopped, for example, 27 km from the border may still be treated as if they are “in the process of entering the country.”
“This interpretation bypasses the safeguards provided in asylum procedures or readmission regulations. It enables expedited deportations, such as under the so-called Zurückweisung (refusal of entry at the border), without initiating formal deportation or removal proceedings. This is currently the most common method being used to return individuals to Poland, and it is notably absent from official figures, which instead report readmissions and Dublin transfers,” – Services in Action stated.
This implies that a person who is de facto on German territory is treated as “not yet present,” allowing Germany to bypass obligations under international law.
“We may now be facing a situation where Germany is removing undocumented foreign nationals who are not registered in their system and are loitering in border towns. Then we grant them temporary residence permits while awaiting a return order – and they start wandering around Polish border towns,” – the post continues.
Time for Diplomatic Consequences
The German police response has sparked numerous reactions.
“Germany admits that the transfer of migrants to Poland is not just a case of ‘refusals at the border’ – they’re picking people up deep within their own territory and using a legal fiction to claim the detentions occurred at the Polish border. We must immediately suspend the bilateral border cooperation agreements with Germany,” – urged Paweł Jabłoński, MP from the Law and Justice (PiS) party and former deputy foreign minister.
Attorney Bartosz Lewandowski expressed his expectation that the Polish diplomat in Germany should be recalled the same day.
“Germany is making unfriendly and extralegal moves by sending us migrants they apprehended on their territory – not even near the border,” – he assessed.
Over 1,000 Deportations Per Month?
“Germany assumes that anyone found within 30 kilometers of the Polish border inside Germany came from Poland and can therefore be sent back,” – said Michał Rachoń during his program on TV Republika.
He referenced a recording published online of a conversation between MP Adam Szłapka and Jacek Dobrzyński, spokesperson for the Ministry of Interior and Administration (MSWiA). Dobrzyński presented what he called “100% verified” data:
- In 2023, Germany sent 968 individuals back to Poland;
- In 2024, 688 people;
- And by June of this year, 314 had already been returned.
“These are individuals the German authorities apprehended on their side, checked, and confirmed had crossed into Germany from Poland. Under international agreements, they must be returned to the country they came from,” – said the MSWiA spokesperson.
Rachoń mocked the logic behind these returns, saying the decisions seem based either on what the detained individuals said or what the German officers claimed, because “most of these people don’t carry any documents.”
“These made-up figures – like the 300 cases – don’t align with the data provided by the Germans themselves,” – he added.
According to Aleksandra Fedorska, the German Interior Ministry reported 8,950 such returns between December and September 2024 – which means nearly 1,000 deportations per month. Rachoń concluded that these numbers have continued to rise and peaked after Fedorska’s report.