Artificial Intelligence in Migration Policies: Risks and Opportunities From an International Law and Human Rights Perspective

This article critically examines the integration of artificial intelligence (AI) into migration governance, focusing on the dual dimensions of efficiency gains and human rights challenges. The global rise in migration flows has prompted states to adopt advanced AI tools for border security, asylum adjudication, risk assessment, and migrant tracking. Case studies—including the EU’s Eurodac and ETIAS biometric systems, Australia’s “Seek” social media analysis project, and the U.S. CBP One facial recognition application—illustrate how AI enhances operational efficiency while raising significant ethical and legal questions. The study identifies three primary areas of concern under international law. First, algorithmic bias in migrant profiling and refugee status determination may violate the non-discrimination principle under Article 14 of the European Convention on Human Rights (ECHR) and the individual assessment requirement of the 1951 Refugee Convention. Second, the opacity of “black box” algorithms undermines transparency and accountability, restricting access to effective appeal mechanisms. Third, mass biometric surveillance, including iris scans at border crossings, presents acute data protection challenges, often conflicting with the EU’s General Data Protection Regulation (GDPR) and exposing migrants to cybersecurity breaches (Nuredin & Inan2024b). Despite these risks, AI offers notable humanitarian benefits, such as improving access to legal aid through AI-powered translation tools, enabling disaster-related evacuation planning, and fostering transparency via algorithmic impact assessments. The article highlights best practices from Canada’s mandatory ethical audits and Sweden’s explainable AI policies in migration decisionmaking. To reconcile innovation with human rights obligations, the article proposes a multilayered governance model: strengthening global standards such as the UNHCR AI Ethics Guidance, mandating human oversight in at least 30% of AI migration decisions, and adopting open-source, auditable algorithms. The overarching conclusion is that AI in migration management must remain human-centric, ensuring that technological advances serve as instruments of inclusion rather than exclusion, thereby safeguarding dignity, fairness, and the rule of law in the digital era.