ISLAMABAD: Pakistan’s Federal Investigation Agency (FIA) on Sunday defended its artificial intelligence-based profiling of passengers to identify suspected human smugglers and examination of mobile phones in “high-risk” cases to curb human smuggling, with legal experts saying these searches may exceed the agency’s authority and infringe upon constitutional privacy rights.
Pakistan has stepped up its campaign against human smuggling in the aftermath of a June 2023 migrant boat disaster off Greece, in which 262 Pakistanis were killed among an estimated 650 people on board.
The tragedy prompted Islamabad to overhaul its immigration system, introducing artificial intelligence (AI) tools to detect suspicious travel patterns, uncover new smuggling routes and strengthen border screening.
Speaking to Arab News on Sunday, FIA’s Additional Director-General for Immigration Nouman Siddiqui said the agency’s passenger profiling system is designed to identify high-risk travelers rather than subjecting everyone to additional checks.
“On the recommendations of our Risk Analysis Unit, only a few passengers’ mobile phones are sent for forensic examination at the airport, and they are those who are linked to human smugglers,” Siddiqui said.
“Our Risk Analysis Unit keeps us informed about the latest trends every three months.”
The statement followed reports of phone checks by immigration officials at Pakistani airports, which have drawn criticism from some Pakistani nationals.
The FIA has lately begun using AI-assisted profiling tools to analyze travel patterns alongside intelligence generated by its Risk Analysis Unit, according to Siddiqui.
FIA officials evaluate a passenger’s travel history, destination, visa category and personal background before deciding whether further questioning is necessary.
“If someone is traveling to a country like Senegal or Malawi on a visit visa, has no travel history, no work visa, no family connection there, and their background does not match the purpose of travel, that person comes under profiling,” Siddiqui explained.
According to FIA data, about 15,800 Pakistanis traveled to Cyprus on visit visas between January 2025 and April 2026, but only 3,553 had returned by the end of the period. More than 57,000 traveled to Azerbaijan, with over 3,000 remaining abroad after the expiry of their visit visas. About 4,000 traveled to Malawi, of whom more than 3,000 had also not returned after their visas expired, while more than 13,000 Pakistanis traveled to Uzbekistan during the same period, with over 2,200 likewise remaining abroad after the expiry of their visit visas.
The official said Pakistan’s battle against organized human smuggling required proactive measures.
“This is a crisis situation. Our country is being defamed. Genuine travelers are being affected because of human smugglers,” Siddiqui said.
Asked about the criticism surrounding phone checks by immigrations officials, Siddiqui said such checks are “not routine.”
“Not everyone’s phone is checked,” he said. “Only those who come under suspicion or profiling.”
Passengers who believe they have been wrongly offloaded can lodge complaints through QR code-based systems available at airports, approach senior FIA officials or seek relief through the courts, Siddiqui added.
However, Umar Gilani, a lawyer with expertise in immigration matters, said the agency’s authority has clear legal limits.
“The FIA’s immigration desk officers have the right to scrutinize passengers’ travel-related documents to ensure compliance with laws such as the Passport Act, 1974, and anti-human smuggling legislation,” Gilani told Arab News on Sunday.
“If, during that scrutiny, officials have reasonable grounds to doubt the bona fides of a passenger, they may ask for additional documents and, if still not satisfied, refuse immigration by recording reasons in writing. Those decisions are subject to review within the FIA and can also be challenged before the courts.”
But Gilani said immigration officials cannot compel passengers to unlock or hand over their mobile phones simply because they have been flagged through profiling.
“Under no circumstances can immigration officials compel a passenger to give them access to their smartphone,” he said.
“That amounts to ‘search’ and ‘seizure,’ which can only be carried out after the authorities have registered a formal inquiry into allegations of human trafficking or another criminal offense.”
According to Gilani, immigration officers at airport counters do not have that power under the FIA’s governing laws and regulations, and forcing access to a passenger’s phone could violate the right to privacy guaranteed under Article 14 of Pakistan’s constitution.
He argued that many disputes between travelers and immigration officials stem from the absence of an independent body to review such decisions.
“A lot of the grievances against immigration authorities arise because there is no Immigration Tribunal or specialized judicial body to oversee the fairness of decisions made by immigration officials,” Gilani said.
“If we are serious about the rule of law and fundamental rights, setting up an independent tribunal is the only way forward.”
