DIGITAL BORDERS AND MIGRANT RIGHTS: THE CLASH BETWEEN TECHNOLOGY, INTERNATIONAL LAW, AND HUMANITARIAN VALUES

The increasing integration of digital technologies into border management has fundamentally

reshaped the governance of migration, raising profound legal and ethical concerns. This article

examines the impact of biometric control systems, artificial intelligence–driven risk analysis, and

automated decision-making tools on migrant rights within the framework of international law and

humanitarian principles. It highlights critical areas of human rights violations, including breaches

of personal data security, discriminatory algorithmic profiling based on ethnicity or nationality,

and the chilling effect of pervasive digital surveillance on freedom of expression. Legal conflicts

arising from the application of the 1951 Refugee Convention, the European Convention on Human

Rights (ECHR), and United Nations refugee protection instruments in the digital era are analyzed

to demonstrate the normative gaps and enforcement challenges. Through case studies from the

European Union, the United States–Mexico border, and Greece, the article illustrates the tangible

human costs of automated pushback systems, biometric databases affecting children’s rights, and

privacy concerns linked to large-scale data sharing. The discussion emphasizes the urgent need for

a hybrid governance model that combines technological efficiency with robust human rights

safeguards. Policy recommendations include the establishment of transparent and accountable AI

governance mechanisms, mandatory human oversight in algorithmic decision-making, binding

international standards for data protection in migration contexts, and increased corporate

responsibility for technology providers involved in border control. Ultimately, the article argues

that preserving human dignity in the age of digital borders requires a redefined balance between

state security imperatives and the universal rights of migrants, anchored in both jus cogens norms

and emerging digital ethics frameworks.