if the usa would offer some sort of amnesty i bet many poles would leave the usa but they dont because of fear of getting caught and being black listed
If they offered an amnesty, that would legalize their stay, they wouldn't leave. It's what happened in the Reagan years.
I don't think many actually fear being caught. Its the inconveniences of no SS#, no drivers license that are weighing them down. Being black listed??? They are as soon as they overstay longer than one year.
Some of the countries that are on the VWP did have their countrymen overstay over the 3% threshold, but somehow the US looked the other way. Also, the US has kept giving Poland "conditions" to meet to get on the VWP, like the army in Afghanistan, supporting Iraq war. Poland jumps at the US's every beck & call to meet the requirements it can control, and still no budge on VWP admission.
This has to change... and I imagine soon. Lots of Poles left the US in 2008 and continue to do so. Whatever economic reasons that held them there are no longer in existance. The dollar is devaluing, and many are in their near retirement age and wanting to return to their homeland (and here I'm not talking about only illegals).