CREATING LEGAL PATHWAYS TO REDUCE IRREGULAR MIGRATION? WHAT WE CAN LEARN FROM GERMANY’S “WESTERN BALKAN REGULATION”

The arrival of over 1 million people in Europe in 2015 and the sense of crisis it provoked have renewed debates on appropriate ways to establish a more orderly migration management system. How can we ensure pathways are available for those in genuine need of protection, while reducing the number of migrants arriving irregularly? “Legal pathways” are often presented as an essential tool toward this end. In 2015, Germany created such legal pathways in the form of access to the German labor market in a little known, and almost accidental migration policy experiment: the Western Balkan Regulation. Against the backdrop of large numbers of people arriving in Germany from the six Western Balkan states (Albania, Bosnia and Herzegovina, Kosovo, Montenegro, Macedonia and Serbia) who had almost no chance of receiving asylum and then from 2015 the sudden increase of Syrians and others coming through the Balkan route, the regulation was part of a broader initiative in Berlin to reduce the numbers of people seeking asylum. The regulation, also known as section 26.2 (§26.2) of the employment regulation (Beschäftigungsverordnung), essentially opened the labor market for nationals from the six Western Balkan countries, without, more surprisingly, including any minimum skill or qualification requirements. The only pre-requisite was a valid job offer by an employer in Germany, subject to a standard priority check for third country nationals

AI, digital identities, biometrics, blockchain: A primer on the use of technology in migration management. Bertelsmann Stiftung Migration Strategy Group on International Cooperation and Development June 2020.

Digitalization and technological change are rapidly transforming every aspect of our societies and economies, and the migration and refugee policy space is no exception. Technology is already affecting migrants, refugees, and people on the move in many ways, but policymakers have yet to systematically address the different uses of technology in the migration management field. The COVID-19 pandemic is likely to accelerate these digitalization processes, making fast policy adaptation crucial. Technological changes range from broader developments, such as increasing digital connectivity in general — via smart or mobile phones, messaging services and web-based applications, or app-based systems — to more tech-centered applications: Karim the Chatbot X2AI i has provided virtual psychotherapy to Syrians in Zaatari refugee camp; AI-powered Free Robot Lawyers is offering legal help to migrants and refugees; and the non-profit REFUNITE (with more than 1 million registered users) helps refugees to find missing family members via mobile phone or a computer. Digital connectivity is providing new options for migrants and refugees to gain access to training or education via online learning platforms and Massive Open Online Courses (MOOCs), or to services delivered virtually by NGOs, international organizations, or governments. Combined with the global spread of social media use, this connectivity has also created new (dis)information ecosystems in the migration space that policy makers must grapple with