Revisiting 'who gets in': borders and migration management in the era of automation and AI in Canada

This article examines the transformation of borders with the integration of Automated Decision Support Systems, including Artificial Intelligence, in Canada's migration management since 2015. This study pursues the dual objectives of analyzing the introduction of ADSS and its impact on decision-making regarding immigration applications. The research focuses on the Chinook system, introduced in 2018 for temporary immigration files, and explores how these technologies influence the discretion of visa officers, who are the ultimate decision-makers. Through an in-depth content analysis of governmental documents, many obtained via Access to Information requests, this study provides unique insights into the use of automation and artificial intelligence in immigration application processing and decision-making. Through a fine grain analysis, this article argues that Automated Decision Support Systems significantly alter the process of determining 'who gets in' by transforming the exercise of human discretion, therefore reconfiguring the confines of borders. The conclusion discusses how this new era of Canada's migration management has profound human and legal consequences that call for the need to balance technological advancements with the preservation of substantive decision-making processes to protect procedural fairness and access to justice for immigration candidates who appeal a refusal.