The German Federal Government has prepared a draft bill to broaden the deployment of artificial intelligence in migration administration (Drucksache 21/8275). As reported by the Bundestag’s hib news service on October 1, the bill aims to establish a statutory framework for digitising migration, visa, and asylum proceedings in compliance with the rule of law and data protection standards.
- The draft authorizes the processing of personal data for developing, training, and testing AI systems and other automated applications.
- Automated matching of publicly available internet data with key application details is proposed for individual cases where factual grounds justify doubt.
- The government emphasizes that case evaluations and final determinations remain strictly the responsibility of human caseworkers.
Objectives of Administrative Automation
According to hib, the government intends to enhance the efficiency, consistency, quality, and security of administrative proceedings. Under the proposal, competent authorities would be permitted to process personal data to build, train, validate, and test AI-driven tools and other algorithmic systems.
The proposal also introduces automated procedure monitoring. The government explains that this function is designed to identify overarching procedural patterns, decision models, potential acceleration opportunities, and areas requiring operational improvements.
Internet Data Matching and Caseworker Discretion
As reported by hib, the bill allows for automated cross-referencing of publicly available online data to verify case details relevant to the outcome. The statutory condition requires substantiated doubts regarding the accuracy of information based on factual indications; this applies strictly on a case-by-case basis.
The federal government underlines that automated systems serve strictly assisting functions. Case evaluations and decisions remain the sole responsibility of human staff: algorithmic processing neither replaces individual legal appraisal nor predetermines binding outcomes.
Bundesrat’s Recommendations
In its official statement on the bill, the Bundesrat called for explicit clarification that the new federal provisions will not restrict data processing already authorised under state (Länder) law, hib reports. The chamber of federal states considers this essential to preserve existing powers and facilitate the deployment of new technologies by regional immigration offices.
Furthermore, the Bundesrat suggested permitting automated internet data verification to determine an applicant’s identity, nationality, and return possibilities. It also asked the government to examine whether data gathered could be repurposed for criminal prosecution, danger prevention, and enforcement measures under residence law.
According to hib, the federal government agreed to examine the proposals. The Federal Ministry of the Interior is assessing provisions in the Residence Act (Aufenthaltsgesetz) regarding identity and nationality verification. However, the current draft does not permit repurposing data obtained from internet screening for other immigration measures or secondary purposes, citing fundamental rights and data protection considerations.