Why Anti-Migrant Pushback Laws are On the Rise in Europe

Summary

Finland's new migration and asylum law, allowing border guards to turn away migrants from Russia, has sparked controversy with human rights groups. The move follows similar 'push back' laws in Europe, prompted by Belarus and Russia's weaponization of migration flows since 2021. Despite legal ambiguity, these laws are gaining popularity, reflecting a potential shift in European migration policy towards prioritizing border control over strict adherence to international law.

Takeaways

• 🇫🇮 On Monday, Finland implemented a new migration and asylum law that empowers Finnish border guards to turn away migrants crossing from Russia.
• 📈 The law was passed with an overwhelming majority in the Finnish Parliament, despite controversy with human rights and refugee groups who argue it violates international law.
• 🔄 Push back laws have been gaining popularity in Europe, particularly in response to the weaponization of migration flows by Belarus and Russia since 2021.
• 🏛️ The European Commission has described Belarus's weaponization of migrants as 'unprecedented,' but coercive migration diplomacy has historical precedents.
• 🚫 Push back laws are controversial as they likely violate the principle of non-refoulement, which forbids states from returning asylum seekers to countries where they may face persecution.
• 🛑 Poland, Lithuania, and Latvia have already declared states of emergency and started fortifying their borders, allowing for push backs in response to the surge of migrants.
• 🚨 The European Court of Human Rights ruled that recipient countries need to provide better support to migrants, but these rulings have been largely ignored.
• 📉 The issue of push backs faded when migrant numbers decreased at the Belarus-EU border in 2022, but it resurged in 2024 with an influx of Middle Eastern and African migrants at the Russia-Finland border.
• 🛑 Finland's new law allows for the turning back of migrants for a year, with exceptions for certain asylum seekers like children or people with disabilities.
• 🗳️ The law was passed with 167 votes for and 31 against, with leftwing and green politicians arguing it violates Finland's human rights obligations.
• 🇪🇺 The EU seems to approve of the law, indicating that member states have the right to define how they protect their external borders, even if it might break international law.

Q & A

What new law did Finland implement on Monday regarding migration and asylum?

Finland implemented a new migration and asylum law that allows Finnish border guards to turn away migrants crossing into Finland from Russia.

How has the new Finnish law been received by human rights and refugee groups?

Human rights and refugee groups argue that the new Finnish law represents a violation of international law and is controversial.

What has been the response to push back laws in Europe over the past few years?

Push back laws have become increasingly popular in Europe, mostly in response to the weaponization of migration flows by Belarus and Russia since 2021.

What actions did Belarus take in retaliation to EU sanctions in 2021?

In retaliation to EU sanctions, Belarus began flying thousands of migrants from the Middle East, including Iraq and Syria, towards the Lithuanian, Polish, and Latvian borders.

What is coercive migration diplomacy, and does it have a history?

Coercive migration diplomacy is the use of migration as a political tool to exert pressure on other countries. It has a long history, with instances dating back to 2010 involving Libya's Muammar Gaddafi.

What measures did Poland, Lithuania, and Latvia take in response to the surge of migrants from Belarus?

In response to the surge, Poland, Lithuania, and Latvia declared states of emergency, started fortifying their borders, and began allowing push backs of migrants.

What is the principle of non-refoulement, and why is it relevant to push back laws?

The principle of non-refoulement is a principle in international refugee law that forbids states to send asylum seekers back to countries where they may face persecution, torture, or degrading treatment. It is relevant to push back laws because these laws likely violate this principle by not evaluating asylum claims before rejection.

How did the European Court of Human Rights rule on the push back practice by Poland and its Baltic neighbors?

The European Court of Human Rights ruled that recipient countries needed to provide better support to migrants coming over from Belarus, but the rulings were largely ignored.

What actions did Finland take in response to the arrival of migrants at the Russia-Finland border?

Finland initially responded by closing its border. When the number of migrant arrivals did not decrease, the Finnish government proposed a new law allowing border guards to turn back migrants arriving along the border.

What is the stance of the EU and its member states on the new Finnish law?

The EU and its member states, particularly the leaders of the Baltic countries, seem to support the new Finnish law, even if it might break international law, as they believe member states have an obligation to protect their external borders.

What does the EU's new migration pact, set to enter force in 2026, include regarding push backs?

The EU's new migration pact includes provisions that basically allow member states to engage in push backs during times of emergency or when migration flows are being weaponized by third countries.