*Lawyer for CSO* (W12)

The authorities officially confirmed this fact, stating that, in their judgment, there was no need to release detained individuals due to the pandemic2. The facilities introduced various COVID-secure precautions, effectively cutting the residents off from the rest of the world, as all visits were forbidden (RPO 2021a, pp. 205–10). Contact with the world was possible only online, as were meetings with lawyers, which in practice significantly limited detainees' access to legal aid. A lawyer shared her opinion about these visits:

different rules apply [to online visits], depends on which centre we are talking about. [ ... ] in one of the centres a 'virtual visit' can be scheduled with a specific person one wishes to talk to. [ ... ] the lawyer must know in advance who they wish to speak with. Inevitably, if they don't know the name of the client, they will not be able to submit their name and the virtual visit will not be possible at all. (W12)

However, statistical data show that during the first wave of the virus, i.e., in the spring of 2020, the number of people in detention was reduced by informal means. In the period from March to May 2020, the number of people in the centres decreased from 241 in March to 150 in May, only to increase again as of June, reaching 387 people in December 2020. New people were also admitted to the centres all the time—it was only in the period between 13 March and 30 June 2020 that the number of new arrivals stood at 129. In total, 658 people were admitted from 15 March until the end of the year (KGSG 2021). The situation changed dramatically in 2021, due to a vast influx of people illegally crossing the eastern border. The number of places in detention increased (tripled) and new centres were opened. However, despite those changes, detention facilities remained overcrowded, and conditions were heavily criticised by the Polish ombudsman who visited them in October 2021 (RPO 2021b).

As for releases from detention, only a small number of those released received alternatives to detention. The pandemic had not changed much in this respect—from March to December 2020, these alternatives were only offered to 127 people (KGSG 2021). It is difficult to clearly determine how many people were released due to the impossibility of expulsion. In theory, the role of detention in return procedures is to facilitate the efficient expulsion of migrants. Hence, in a situation where there is no real possibility of carrying out deportation, detention should be considered illegal, as it does not fulfil the purpose for which it was used (Kalir 2020). However, experts remained divided on this point. Some confirmed that such releases did take place:

I'm sure there was a certain number of people who were released at the very beginning, but I don't know if it had anything to do with the pandemic or a simple realisation that they could be expelled so there was no point in keeping them. *Activist for a CSO* (W3)

Others (members of CSOs as well), on the other hand, did not corroborate this account:

I remember writing away all through March, April, and May—'hello, the borders are closed so there's no risk of an illegal crossing [of the border]'. [ ... ] I had these guys you couldn't deport either, and they had partners in Poland. [ ... ] [Regardless, they are all] still remained in detention. (W5)

they [border guards] only have one mode: that some expulsions will surely be possible any time soon. They schedule subsequent dates and go—well, next week for sure then. If it doesn't happen next week then they set another date for another week. They haven't go<sup>t</sup> this mindset that allows them to take stock of the situation: ok, it's not going to be possible for the next two months. [...] They are stuck operating in the expulsion mode. (W12)

Perhaps such differences result from different practices followed in different detention centres (there are six in Poland) as well as informal actions undertaken by the authorities. It is noteworthy that, in fact, some expulsion did occur during the pandemic—only between 15 March and 30 April, in which as many as 88 people were deported directly from the centres (KGSG 2021). It would seem that the border was closed primarily to those who wanted to come to Poland, but it remained open when it was necessary to ge<sup>t</sup> rid of unwanted migrants.
