“Instrumentalisation” of Migration: An Emerging Paradigm in EU Asylum Policy?

Even if the number of asylum seekers arriving at the EU’s eastern external borders has been relatively small, several EU member states are undermining refugee protection in Europe, justifying their actions by citing attempts by Russia and Belarus to “weaponise” migration. Beyond national efforts that include illegal pushbacks and border closures, stricter border control measures and asylum law derogations have also been incorporated into EU law, such as the Schengen Borders Code and the latest reform of the Common European Asylum System (CEAS). Recently, the instrumentalisation argument has been used in the context of migration flows from other neighbouring regions to the EU. This paper investigates the narrative of so-called instrumentalisation of migration and its implications for the trajectory of European asylum policy. Employing both qualitative and quantitative methods—including the measurement of rhetorical frequencies and the tracing of the policymaking process—we assess whether this narrative constitutes an emerging paradigm that is guiding the direction of asylum and refugee policy in the EU. The observable escalation of the instrumentalisation argument, which is being embedded in EU law, appears to be eroding European norms and values. Internally, it leads to rule of law backsliding and increasing repression of civil society organisations aiding asylum-seekers. Externally, it propels an erosion of international refugee protection and weakens the EU’s international appeal and influence, for example by legitimising or even encouraging the actions of actors who engage in instrumentalisation. A new instrumentalisation paradigm in EU asylum policy could therefore have far-reaching implications for European democracy and security.