Lithuania’s 2021 Refugee Detention Law Reinterpreted by Constitutional Court
The Constitutional Court of Lithuania has ruled that the 2021 law authorizing detention of refugees from territories controlled by Belarus conflicts with the state constitution. The decision comes after a challenge lodged by an Iraqi migrant who experienced detention and placement in a foreigners registration center in Lithuania.
The court found that the enforcement actions against Iraqi refugees did not meet constitutional standards, signaling a need to align immigration practices with fundamental rights. The 2021 legislation was introduced amid a surge of people crossing the Lithuanian border from Belarus and was used to restrict asylum rights as a response to that influx.
In commentary on the ruling, Ange Biloraite, who leads Lithuania’s Ministry of the Interior, described the measures taken at the time as coercive. Biloraite argued that the country faced limited options to address what was described as pressure from the Belarusian regime, and that different responses would have carried their own risks.
Biloraite emphasized that if similar circumstances reappeared, the government would likely take the same decisive steps given the perceived security considerations and the need to protect state sovereignty. The remarks underscore a broader debate about balancing border control with human rights obligations during periods of irregular migration.
Earlier reports indicated that Lithuania’s Seimas approved the expulsion of certain non-citizens as part of its immigration framework, a move that has sparked ongoing discussions about civil liberties, national security, and the role of international asylum laws in the Baltic region.