LIJDLR

PRICED OUT OF PERSONHOOD: HOW DIGITAL MIGRATION REGIMES CONVERT LEGAL RECOGNITION INTO AN ECONOMIC COMMODITY

Sumithra S, 4th-Year B.A. LL.B. Student at Tamil Nadu Dr. Ambedkar Law University, Chennai (India)

Digital migration governance utilises data-driven biometric identification systems to govern mobility, work, and access to public resources. While these systems are touted as a method of increasing administrative efficiency, this article contends that these systems serve to facilitate the conversion of migrant legal status into an economic commodity that determines access to economic participation. Legal personhood can no longer be seen as an inherent right, but rather, a condition that is dependent upon data and validated through algorithms. This concept is further developed utilizing a law and economics framework which reimagines legal personhood as an economic infrastructure that determines access to labour markets, access to benefits, and legal protections. This concept is further demonstrated through the operation of digital governance as an economic barrier to economic participation by, for example, excluding migrants that suffer from data poverty or limited forms of recognition which result in lost income, denied benefits, and reliance on precariously informal forms of work. The article also demonstrates the migration of financial risk and administrative costs from the state to migrants, while at the same time the state is extracting economic value from legally unrecognised workers. This article concludes by arguing for a rights-based reimagining of digital migration governance that reinstates the inherent right to legal personhood.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 3, Page 2220–2237.
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