Sienos Grupė

Illegals or illegal migrants, is it appropriate to call people that way?

No person can be illegal. Only a process (i.e. migration) or an act (illegal border crossing) can be illegal. Just like crossing the street in the wrong place does not make you an illegal pedestrian or speeding an illegal driver.

Is it legal to cross the state border with the aim of obtaining asylum?

Part 2 of Article 291 of the Criminal Code of the Republic of Lithuania enshrines the provision that a foreigner who illegally entered the Republic of Lithuania with the aim of exercising the right to asylum is is released from criminal liability for illegal crossing of the state border.

Sienos Grupė illegally helps migrants.

Providing humanitarian aid is not a crime. We are an officially registered non-governmental organization. Our volunteers have permits to operate in the border regions.

I noticed persons who may have crossed the border illegally. What should I do?

We encourage you to offer them a drink of water and a meal. Pay attention to their state of health, if it is poor, offer to call for medical help. This way, you will be sure that medical assistance will be provided. The foreigners you met may have spent a long time in the forest and may have experienced difficulties and border violence. If you have decided to report the persons to the authorities, please ask if the foreigners are seeking asylum, in which case please make sure that their asylum requests are registered once the authorities arrive. You can always inform Sienos Groupė. Our hotline is on 24/7. Tel. no. +370 608 712 04

Why don't migrants apply for asylum in legal ways?

Asylum is a fundamental human right. Asylum application is always legal. A person who seeks to submit an asylum application is exempt from criminal liability even for illegal border crossing (Article 291 d. 2 of the Criminal Code of the Republic of Lithuania). Thus, the application is not limited to the border check points and the Lithuanian Embassy in Minsk only. In order for a foreigner to submit an asylum request at the border check point, they must first be released from Belarus by Belarusian officials, who are often unwilling or unable to do so if the foreigner does not have the right to be in Belarus. You can read more information about access to the asylum procedure in 2023. In the Lithuanian Red Cross report.

Lithuania is not obliged to accept migrants.

Lithuania has the right to control its border and migration flow. There are various rules in Lithuania that allow foreigners to come for the purposes of work, education, and family preservation. However, at the same time, Lithuania is committed to complying with refugee law. Our country has ratified the United Nations Convention on the Status of Refugees. We are a party to the European Convention for the Protection of Human Rights and Fundamental Freedoms, so we cannot apply collective repression. If we neglect our international obligations, the international community will consider Lithuania an unreliable partner, so we will not be able to count on the help of other countries during various crises.

Lithuania behaves fairly towards migrants.

Lithuania has made many mistakes. These errors were recognized by the Court of Justice of the European Union decision and the Constitutional Court of the Republic of Lithuania by resolution. The European Court of Human Rights is examining 7 cases against Lithuania for possible illegal actions against foreigners. Unfair actions towards foreigners are repeatedly recognized by Lithuanian institutions and international organizations. It was established that foreigners have experienced sexual abuse in the camps. In 2021 the Respublic of Lithuania failed to provide effective state-guaranteed legal aid.

Why do we have to maintain them financialy?

These people don't need financial maintenance, they are taxpayers too. Until 2021, asylum seekers who crossed the border illegally could have gain the right to work after just 6 months from registration in Lithuania. Currently, this period has been extended to 12 months. People are allowed to start working and living independently after one year in detention. Besides that, the maintenance of foreigner registration centers and the accommodation of asylum seekers are not funded by Lithuanian taxpayers, but by the European Union Asylum, Migration and Integration Fund.

Lithuania is only a transit country, migrants always leave for other countries.

Some people seek to enter countries where they have relatives and social connections, but many people met by Sienos Groupė wanted to stay in Lithuania. Those who were granted residence permits remained here. Some of those whose asylum application was rejected also remained. Even after 5 years after the rejection of asylum, people are still fail to receive medical services and refused a bank account, which makes it extremely difficult to find a job. Besides that, they are constantly threatened with deportation. Until 2021, this period was only 1 year. Some of the asylum seekers were motivated to leave Lithuania by the fact that they experienced arbitrary detention, and therefore, fearing an illegal restriction of their freedom, they decided to leave Lithuania.

The migration crisis is already under control, the border is fully protected.

Borders do not prevent illegal migration, only divert migration flow and promote human trafficking. Today, we observe an increased flow of secondary migration from Latvia, there is a sharp increase in pre-trial investigations into illegal human trafficking.

There is nothing to worry about, all migrants have gone to Germany.

Persons who have left Lithuania for other European countries can always be returned to Lithuania in accordance with the current Dublin III regulation.

Asylum seekers from Belarus are economic migrants. They are abusing the asylum system to get into Europe.

From 2021 In Lithuania, the refugee status was granted to 1162 persons, 30 received additional protection. In 2023 24% of foreigners who applied for asylum in EU received refugee status, another 20% – additional protection. Each asylum case must be examined individually. People come from war-torn countries, having experienced a lot of violence, persecution, various violations of human rights. Even if some asylum applications are unfounded, we cannot refuse to process them. Otherwise, we would risk that people who are really in need of help would not be able to obtain it. They would suffer torture and other degrading treatment, and their lives would be at risk.