Polish Sailor Denied Asylum; Judge Cites Political Change in Homeland

A 25-year-old Polish sailor who jumped ship in Alaska has been denied asylum in the United States by a judge who said recent political changes in Poland make it safe for him to return.

Immigration Judge Jesse Sellers said Roman Marczak has nothing to fear from a recently formed government in Poland that includes representation from the Solidarity movement.

“I think the applicant has failed to prove a well-founded fear of persecution by the present government of Poland,” Sellers said after an eight-hour hearing Thursday. “Prior to those recent changes, I think he would have had a well-founded fear.”

“I am surprised,” Marczak said through an interpreter. “I will be persecuted. I will be jailed. I might lose my life if I am returned to Poland because the media there know that I have asked for asylum.”

Marczak disagreed with the judge’s contention that political conditions in his homeland would tolerate his application for asylum in the United States. “The police and the army are still under the communists,” he said.

He is assured of remaining in the United States for up to another four months as his case is appealed.

“It’s a bad decision based on an erroneous legal standard,” said Dan Kowalski, Marczak’s lawyer. “I’m very pessimistic about the other cases. If this case can’t win, I’m dubious that any of the other cases will win. This was one of the stronger cases.”

Marczak was one of nine fishermen who defected in Anchorage in mid-August. All are being held here in the Immigration and Naturalization Service’s detention unit.