- Increase ability to identify policy considerations related to systems for integrated border management
- Understand the importance of balance between regulation and control at points of entry
- Learn about activities at the borders such as document verification and enforcement
- Learn about migration data, intelligence and risk analysis
Summary
Learning Objective
Learning objectives
Introduction
Regulating migration in the context of border management
One of the most difficult challenges faced by governments in the area of migration policy is finding a balance between competing and seemingly conflicting priorities. This is especially true when mobility and security interests intersect. On the one hand, migration offers great potential to promote economic growth and social development through the skills, dynamism and innovation that migrants bring. On the other hand, States also have a legitimate interest in safeguarding national security and combating trafficking in persons, smuggling of migrants and terrorism. As such, States have three responsibilities. First, to admit as efficiently as possible those whose arrival is in accordance with law. Second, to keep out those who do not have authorization to enter the country (with exceptions for asylum seekers and victims of transnational organized crimes). Third, to remove in a humane and efficient manner those without authorization to enter or stay.
Effective border management can help States achieve a more balanced approach that enhances their own national security, in compliance with international law. It can also protect the rights of migrants and reduce their potential vulnerabilities. Good border management therefore helps to balance States’ interests in both facilitating cross-border movements and maintaining security. Achieving this balance depends upon border management policies throughout the phases of a traveller’s journey (pre-arrival, upon entry, during stay and exit).
This chapter focuses on three aspects of border management. First, balancing facilitation and control on arrival, including policy considerations related to systems for integrated border management, technical cooperation and cross-border collaboration. Second, activities at points of entry (POE) and other border control points/crossing points (BCP) that determine the status of migrants such as document verification as well as enforcement. And third, migration data, intelligence and risks analysis.
The importance of regulating migration and border management
In recent decades, the number of people and the volume of goods moving internationally have increased exponentially. This development has needed border management structures to manage the cross-border flow of people and goods more efficiently and effectively.
Border management has been one of the most consistently high-profile issues in domestic politics this century. It involves administering measures related to the authorized movement of persons (regular migration) and goods, while detecting people entering the country irregularly. It also involves identifying transnational organized crimes, victims of smuggling and trafficking in persons who are in need of protection (see Protecting and assisting migrant victims). Comprehensive and well-functioning border management structures regulate both security and the legitimate cross-border flows of people and goods. These two aspects must complement, not contradict, each other.
Conscious of the implications of ineffective and inefficient border management structures, governments continue to invest more heavily in border checks and surveillance activities conducted at land borders (land, railway), air (airports) and blue crossing points (sea, lake, river ports). The aim is to regulate the entry (or the intention to enter) and departure of persons, animals and goods to and from the State’s territory, in exercise of its sovereignty.
Key data sources
National sources
Accurate and up-to-date statistics are necessary for efficient and effective development planning for border policies. Various national sources, particularly data relating to migrant flows, may be very useful. Modern border control systems provide a list of administrative data on population registries and border records, as well as basic information on arrivals. Such systems could also provide more detailed and sophisticated information, individual as well as aggregated, that would be of significance to a wide range of government departments and policy fields. This information includes data derived from the issuance of temporary or permanent residence permits (Migration Data Portal, 2020a), disaggregated by different visa or entry types (that is, tourist, business travellers on short stays versus long-term migrants).
Data can also be disaggregated by arrivals without visas due to regional/bilateral agreements or distinct types of travel and specific pre-arrival measures. Further, to support the design of cross-border policies, policymakers may be interested in examining any relevant national data on irregular migration, trafficking in persons, and smuggling of migrants.
The main challenge here is that States may collect data via various processing systems. For instance, all overseas movements are usually recorded by the ministry and ideally stored on its border management information system (BMIS), yet some countries still maintain paper-based filing systems. Likewise, some States collect departure data, and other States do not. Thus, movement records are collected by an inconsistent mix of manual and automated infrastructure. This can impact the quality of migration and arrival/departure statistics, due in part to the lack of coordinated data collection and processing, including around the design, provision and collection of arrival/departure passenger cards.
Many countries are automating their information-gathering systems, collating information gathered via paper-based passenger cards with existing government data. Using this collection method via the BMIS enables a full count and an improved measurement of all overseas arrivals and departures. Variables recorded in typical systems are age, sex, country of birth, country of citizenship, country of embarkation, country of residence/stay, duration of stay, local address during stay and reason for journey.
International sources
Cross-border data are very important, and this makes it critical to try to standardize concepts and definitions used at the national level in relation to these data, in particular on flows, to facilitate regional-level coordination and comparison of migration data. This is the basis for developing effective migration entry control and for strengthening regional cooperation and international advocacy over migration issues. States are encouraged to exchange standardized migration data with regional and bilateral partners to provide a solid basis for understanding migration trends and realities within the subregion and to enhance the national security of all States in the region.
Further development of existing collections of migration data is also underway. Relevant data is being systematically consolidated in a transparent and user-friendly manner, and inter-agency collaboration is being encouraged, to avoid duplication. The following international and data sources contain statistics relevant to cross-border management:
- IOM Migration Data Portal offers timely and comprehensive migration statistics and reliable information about migration data globally. It contains relevant thematic pages which will be useful for border management, including international migration flows, human trafficking, smuggling of migrants and irregular migration.
- United Nations Population Division of the Department of Economic and Social Affairs (DESA) has developed the International Migrant Stock. This database presents data disaggregated by country of birth and citizenship, sex and age as enumerated by population censuses, population registers, nationally representative surveys and other official statistical sources from more than 200 countries and territories in the world.
- Eurostat is the statistical office of the European Union. It provides reliable and objective statistics to enable comparisons between countries and regions and to inform the decision-making on migration of relevant counterparts. This annual report specifically covers national data from the European Free Trade Association on first time and total residence permits issued to third country nationals and valid on 31 December of each year (stocks).
- The United Nations Statistics Divisions (UNSD) collects migration statistics, including annual flows, through the Demographic Yearbook data collection system. This working document in particular gives an overview of possible and existing standards, and thoughts and ideas on data disaggregation.
Good Practice
Regional cooperation, data and information exchanges
The Asian Network for Document Examination (ANDEX) is a regional platform to exchange information about migrant smuggling networks, bringing together key specialists from the Association of Southeast Asian Nations (ASEAN) Member States, Bangladesh, Sri Lanka, and the Maldives.
The ultimate goal of ANDEX remains countering irregular migration and protecting migrants, with a particular focus on countering the smuggling of migrants and related crimes. ANDEX promotes the networking of national document examination experts, with the main aim of identifying regional trends regarding passport and identity fraud. Relevant capacity-building programmes and resources on document examination include:
- Verifier Travel Document & Bearer (Verifier TD&B). This is a system used for the secondary inspection of travel documents.
- ANDEX Fraudulent Documents Reporting System (AFDRS). This is a secure web-based information-sharing platform for sharing non-sensitive and non-personal information about fraud cases intercepted at respective border crossing points.
- Coherent analysis of regional trends in cases of fraud, which provides disaggregated information in terms of gender, age groups and the issuing States of travel documents used in participating target countries.
Source
IOM Regional Office for Asia and the Pacific, Document Examination Support Center (DESC) Initiative.
International instruments, initiatives and dialogues
International law and principles
There are specific obligations relevant to border management set forth in a range of international agreements that States are part of and must observe. For example, the 1951 Convention Relating to the Status of Refugees (as well as its 1967 Protocol) applies at the border, among other places. It provides that “no Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where [one’s] life or freedom would be threatened on account of [one’s] race, religion, nationality, membership of a particular social group or political opinion” (Article 33[1]). Therefore, State officials must grant individuals seeking international protection access to the territory and to fair and efficient asylum procedures (see Protection against refoulment and Refugee law).
There are other international obligations relevant to decisions to permit a foreign national to enter a State, to detain a foreign national for migration-related offenses or to remove a foreign national. For instance, removing a lawfully present foreign national would breach the obligation of a State under Article 13 of the International Covenant on Civil and Political Rights (ICCPR) if the removal was not based on national law and unless it was undertaken with adequate procedural protections (see Administrative detention). Also, consistent with the right to liberty (Article 9 of the ICCPR), migration detention of adults must be used by States only as a tool of last resort, subject the principles of reasonableness, necessity and proportionality in each case. And as well, pursuant to the “best interests” principle, migrant children should never be detained (see Child migration).
International air law also includes provisions relevant to border management based on the principle that States have sovereignty over the airspace above their territories (see Air law).
List
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Note: This list is not exhaustive.
Regional instruments
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Note: This list is not exhaustive.
To Go Further
- IOM, Rights at borders in the context of migration (e-learning). This course describes the competence of States and their obligations at international borders, and the corresponding rights of persons on the move, both at the border on land and at sea. It also outlines the rights and obligations arising out of international human rights law and other relevant norms of international migration law.
Initiatives and commitments
2030 Agenda for Sustainable Development
Interventions at the border can contribute to meeting several targets under the Sustainable Development Goals (SDGs) of the 2030 Agenda for Sustainable Development. Primary among these is target 10.7 along with several others in goals 16 and 17 which also relate to effective border management. By building governments’ capacities to implement well-managed migration policies for better border management, migration can be made more orderly, safe, regular and responsible (Target 10.7).
SDG
2030 Agenda for Sustainable Development
- Target 10.7
Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies. - Target 16.4
By 2030, significantly reduce illicit financial and arms flows, strengthen the recovery and return of stolen assets and combat all forms of organized crime. - Target 16.5
Substantially reduce corruption and bribery in all its forms. - Target 16.a
Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime. - Target 17.18
By 2020, enhance capacity-building support to developing countries, including for least developed countries and small island developing States, to increase significantly the availability of high-quality, timely and reliable data disaggregated by income, gender, age, race, ethnicity, migratory status, disability, geographic location and other characteristics relevant in national contexts. - Target 17.19
By 2030, build on existing initiatives to develop measurements of progress on sustainable development that complement gross domestic product, and support statistical capacity-building in developing countries.
Note: This list is not exhaustive.
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Global Compact for Safe, Orderly and Regular Migration
Improved border management practices can contribute to the realization of several objectives in the Global Compact, which notes that “effective national migration policy needs to find and maintain a balance among measures addressing various migration-related issues.” Comprehensive and well-functioning border management structures (Objective 11) can help achieve that balance, facilitating both security and the legitimate cross-border flows of people and goods, while ensuring the respect and protection of the rights of all including migrants.
Interventions in different areas of border management respond to this need in different ways. Objective 13 states that migration detention should only be a measure of last resort for adult migrants (see also Human rights of migrants and Administrative detention). In particular, Objective 13(h) notes that States should “respect the rights and best interests of the child at all times … [including by] working to end the practice of child detention in the context of international migration” (See Child migration). Further, the Global Compact encourages collecting reliable and accurate migration-related information, including at borders (Objective 1). Encouraging information sharing through greater domestic, bilateral and international collaboration is a key component of effective cross-border management that improves the levels of security that States are able to offer their own nationals as well as migrants.
GCM
Global Compact for Safe, Orderly and Regular Migration
- Objective 1.a
Elaborate and implement a comprehensive strategy for improving migration data at local, national, regional and global levels, with the participation of all relevant stakeholders, under the guidance of the United Nations Statistical Commission, by harmonizing methodologies for data collection, and strengthening analysis and dissemination of migration-related data and indicators. - Objective 1.b
Improve international comparability and compatibility of migration statistics and national data systems, including by further developing and applying the statistical definition of an international migrant, elaborating a set of standards to measure migrant stocks and flows, and documenting migration patterns and trends, characteristics of migrants, as well as drivers and impacts of migration. - Objective 1.c
Develop a global programme to build and enhance national capacities in data collection, analysis and dissemination to share data, address data gaps and assess key migration trends, that encourages collaboration between relevant stakeholders at all levels, provides dedicated training, financial support and technical assistance, leverages new data sources, including big data, and is reviewed by the United Nations Statistical Commission on a regular basis. - Objective 1.i
Enhance collaboration between State units responsible for migration data and national statistical offices to produce migration-related statistics, including by using administrative records for statistical purposes, such as border records, visa, resident permits, population registers and other relevant sources, while upholding the right to privacy and protecting personal data. - Objective 3.b
Promote and improve systematic bilateral, regional and international cooperation and dialogue to exchange information on migration-related trends, including through joint databases, online platforms, international training centres and liaison networks, while upholding the right to privacy and protecting personal data - Objective 4.b
Harmonize travel documents in line with the specifications of the International Civil Aviation Organization to facilitate interoperable and universal recognition of travel documents, as well as to combat identity fraud and document forgery, including by investing in digitalization, and strengthening mechanisms for biometric data-sharing, while upholding the right to privacy and protecting personal data. - Objective 7.a
Review relevant policies and practices to ensure they do not create, exacerbate or unintentionally increase vulnerabilities of migrants, including by applying a human rights-based, gender- and disability-responsive, as well as an age- and child-sensitive approach. - Objective 7.e
Account for migrant children in national child protection systems by establishing robust procedures for the protection of migrant children in relevant legislative, administrative and judicial proceedings and decisions, as well as in all migration policies and programmes that impact children, including consular protection policies and services, as well as cross-border cooperation frameworks, in order to ensure the best interests of the child are appropriately integrated, consistently interpreted and applied in coordination and cooperation with child protection authorities. - Objective 7.g
Ensure migrants have access to public or affordable independent legal assistance and representation in legal proceedings that affect them, including during any related judicial or administrative hearing, in order to safeguard that all migrants, everywhere, are recognized as persons before the law and that the delivery of justice is impartial and non-discriminatory. - Objective 7.k
Involve local authorities and relevant stakeholders in the identification, referral and assistance of migrants in a situation of vulnerability, including through agreements with national protection bodies, legal aid and service providers, as well as the engagement of mobile response teams, where they exist. - Objective 9.b
Use transnational, regional and bilateral mechanisms to share relevant information and intelligence on smuggling routes, modus operandi and financial transactions of smuggling networks, vulnerabilities faced by smuggled migrants, and other data to dismantle the smuggling networks and enhance joint responses. - Objective 9.c
Develop gender-responsive and child-sensitive cooperation protocols along migration routes that outline step-by-step measures to adequately identify and assist smuggled migrants, in accordance with international law, as well as to facilitate cross-border law enforcement and intelligence cooperation in order to prevent and counter smuggling of migrants with the aim to end impunity for smugglers and prevent irregular migration, while ensuring that counter-smuggling measures are in full respect for human rights. - Objective 10.i
Create national and local information systems and training programmes which alert and educate citizens, employers, as well as public officials and law enforcement officers, and strengthen capacities to identify signs of trafficking in persons, such as forced, compulsory or child labour, in countries of origin, transit and destination. - Objective 11.a
Enhance international, regional and cross-regional border management cooperation, taking into consideration the particular situation of countries of transit, on proper identification, timely and efficient referral, assistance and appropriate protection of migrants in situations of vulnerability at or near international borders, in compliance with international human rights law, by adopting whole-of-government approaches, implementing joint crossborder trainings, and fostering capacity-building measures. - Objective 11.b
Establish appropriate structures and mechanisms for effective integrated border management by ensuring comprehensive and efficient border crossing procedures, including through pre-screening of arriving persons, pre-reporting by carriers of passengers, and use of information and communication technology, while upholding the principle of non-discrimination, respecting the right to privacy and protecting personal data - Objective 11.c
Review and revise relevant national procedures for border screening, individual assessment and interview processes to ensure due process at international borders and that all migrants are treated in accordance with international human rights law, including through cooperation with National Human Rights Institutions and other relevant stakeholders. - Objective 11.d
Develop technical cooperation agreements that enable States to request and offer assets, equipment and other technical assistance to strengthen border management, particularly in the area of search and rescue as well as other emergency situations. - Objective 11.e
Ensure that child protection authorities are promptly informed and assigned to participate in procedures for the determination of the best interests of the child once an unaccompanied or separated child crosses an international border, in accordance with international law, including by training border officials in the rights of the child and children-sensitive procedures, such as those that prevent family separation and reunite families when family separation occurs. - Objective 11.f
Review and revise relevant laws and regulations to determine whether sanctions are appropriate to address irregular entry or stay and, if so, to ensure that they are proportionate, equitable, non-discriminatory, and fully consistent with due process and other obligations under international law. - Objective 11.g
Improve cross-border collaboration among neighbouring and other States relating to the treatment given to persons crossing or seeking to cross international borders, including by taking into consideration relevant recommendations from the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders when identifying best practices. - Objective 12.b
Develop and conduct intra- and cross-regional specialized human rights and trauma informed trainings for first responders and government officials, including law enforcement authorities, border officials, consular representatives and judicial bodies, to facilitate and standardize identification and referral of, as well as appropriate assistance and counselling in a culturally-sensitive way, to victims of trafficking in persons, migrants in situations of vulnerability, including children, in particular those unaccompanied or separated, and persons affected by any form of exploitation and abuse related to smuggling of migrants under aggravating circumstances. - Objective 12.c
Establish gender-responsive and child-sensitive referral mechanisms, including improved screening measures and individual assessments at borders and places of first arrival, by applying standardized operating procedures developed in coordination with local authorities, National Human Rights Institutions, international organizations and civil society. - Objective 13.a
Use existing relevant human rights mechanisms to improve independent monitoring of migrant detention, ensuring that it is a measure of last resort, that human rights violations do not occur, and that States promote, implement and expand alternatives to detention, favouring non-custodial measures and community-based care arrangements, especially in the case of families and children. - Objective 13.b
Consolidate a comprehensive repository to disseminate best practices of human rights-based alternatives to detention in the context of international migration, including by facilitating regular exchanges and the development of initiatives based on successful practices among States, and between States and relevant stakeholders - Objective 13.c
Review and revise relevant legislation, policies and practices related to immigration detention to ensure that migrants are not detained arbitrarily, that decisions to detain are based on law, are proportionate, have a legitimate purpose, and are taken on an individual basis, in full compliance with due process and procedural safeguards, and that immigration detention is not promoted as a deterrent or used as a form of cruel, inhumane or degrading treatment to migrants, in accordance with international human rights law. - Objective 13.d
Provide access to justice for all migrants in countries of transit and destination that are or may be subject to detention, including by facilitating access to free or affordable legal advice and assistance of a qualified and independent lawyer, as well as access to information and the right to regular review of a detention order. - Objective 13.e
Ensure that all migrants in detention are informed about the reasons for their detention, in a language they understand, and facilitate the exercise of their rights, including to communicate with the respective consular or diplomatic missions without delay, legal representatives and family members, in accordance with international law and due process guarantees. - Objective 13.f
Reduce the negative and potentially lasting effects of detention on migrants by guaranteeing due process and proportionality, that it is for the shortest period of time, safeguards physical and mental integrity, and that, as a minimum, access to food, basic healthcare, legal orientation and assistance, information and communication, as well as adequate accommodation is granted, in accordance with international human rights law. - Objective 13.g
Ensure that all governmental authorities and private actors duly charged with administering immigration detention do so in a way consistent with human rights and are trained on non-discrimination, the prevention of arbitrary arrest and detention in the context of international migration, and are held accountable for violations or abuses of human rights. - Objective 13.h
Protect and respect the rights and best interests of the child at all times, regardless of their migration status, by ensuring availability and accessibility of a viable range of alternatives to detention in non-custodial contexts, favouring community-based care arrangements, that ensure access to education and healthcare, and respect their right to family life and family unity, and by working to end the practice of child detention in the context of international migration. - Objective 14.f
Provide consular support to our nationals through advice, including on local laws and customs, interaction with authorities, financial inclusion, and business establishment, as well as through the issuance of relevant documentation, such as travel documents, and consular identity documents that may facilitate access to services, assistance in emergency situations, the opening of a bank account, and access to remittance facilities. - Objective 23.e
Conclude bilateral, regional or multilateral mutually beneficial, tailored and transparent partnerships, in line with international law, that develop targeted solutions to migration policy issues of common interest and address opportunities and challenges of migration in accordance with the Global Compact.
Note: This list is not exhaustive.
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Inter-State policy dialogues
Cross-border cooperation and relations with immediate State neighbours can be problematic if the capacity of neighbouring States to control their borders and manage irregular migration is considered to be lacking. Inter-State consultation mechanisms on migration (ISCM) are an opportunity to defuse bilateral tensions, improve regional migration governance and encourage the discussion of migration issues in an atmosphere of cooperation and mutual understanding.
List
Note: This list is not exhaustive.