Francesca Di Gianni

The use of artificial intelligence systems is now a key component of European migration policy, and Fortress Europe is increasingly relying on the most innovative digital technologies for border control procedures. Regulation (EU) 2024/1689 on artificial intelligence (AI) prohibits the use of such systems, including in the context of migration governance and border controls. Article 5 of Regulation (EU) 2024/1689 prohibits the introduction, commissioning, and use of certain practices deemed «unacceptable» because they are contrary, inter alia, to EU values and fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union. However, the regulation provides for certain exemptions from the use of these systems, which apply specifically to external border controls. This article provides an analysis of the practices prohibited under Article 5. 5 of the AI Act that are most relevant in the context under consideration and, in particular, the problems arising from the regime of exceptions to the fundamental rights of migrants to which the law gives rise by virtue of the failure to exclude from the scope of the ban certain AI systems that are increasingly used in the sector under consideration.