Automated decision making and deportation: legal concerns and regulation

Over the past few years, automated decision-marking (ADM) tools have garnered significant attention from governments worldwide, leading to their deployment across various sectors, including immigration and homeland security. The introduction of ADM systems has dramatically reshaped the landscape of immigration enforcement. Some nations, like the USA, have been pioneers in integrating ADM technologies into immigration processes. Meanwhile, other regions, such as the UK and most EU countries, are also advancing efforts to ensure responsible use and regulation of ADM in immigration. However, as with all technologies, ADM tools present both opportunities and risks. To address these challenges, this article will examine the legal and technological hurdles associated with the use of ADM systems by immigration departments, particularly in deportation processes, within the broader context of responsible ADM use and regulation. This paper takes the view that there would be significant benefit in organising the various concerns into a coherent framework around which responsible regulatory efforts can be constructed. It proposes a simple schema for categorising issues which need to be addressed, surveys the issues that fall in each category and suggests regulatory measures that might best suit each type of issue.