WASHINGTON — Today, Representatives Raúl M. Grijalva (AZ-07) and Jesús “Chuy” García (IL-04) sent a letter to Secretary of Homeland Security Alejandro Mayorkas, Chief Information Officer Eric Hysen, and Office of Management and Budget (OMB) Director Shalanda Young regarding the lack of transparency in the use of Artificial Intelligence (AI) technologies by the Department of Homeland Security (DHS) and its subagencies.
According to a recent report by Futures Law and Mijente, DHS has been using AI technologies to inform critical decisions including whether to deport, detain and separate families, grant citizenship, and whether to protect someone from persecution, without proper regulation or notification of the impacted individuals.
In October of 2023, President Biden issued Executive Order 14110, which established new standards for AI safety and security for federal agencies. Similarly, OMB issued a March 2024 memo “Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence,” which directs federal agencies to advance AI governance and innovation while managing risks to the rights and safety of the public. OMB has since declared that agencies must align their AI tools with the guidelines by December 1, and that any extensions or waivers of that deadline will be publicly disclosed this month.
The letter, signed by the Representatives and 11 of their House colleagues, requests answers on how DHS and immigration agencies are ensuring migrants receive a fair and non-biased review of their applications and what safeguards are in place to prevent unjustified denials.
“There’s a really delicate balance between pushing for innovation and efficiency and automating life-or-death decisions, especially when it comes to immigration enforcement and adjudication. Further integrating AI into our immigration system without the proper guardrails poses a great risk to people’s civil liberties,” said Rep. Grijalva. “DHS, its subagencies and OMB must provide answers on how they are ensuring individuals receive a fair and non-biased review of their applications and what safeguards are in place to prevent unjustified denials. In light of the incoming administration’s plans of mass deportations and separation of families, it is critical that we ask these questions now.”
“While I recognize that artificial intelligence has promising applications for some government uses, the aggressive pace at which DHS is implementing its use is posing a serious threat to immigrants’ rights,” said Rep. García. “We must ensure that no algorithm undermines their rights or introduces bias into life-altering decisions. The use of artificial intelligence by DHS must be transparent and accountable to ensure it does not perpetuate bias or injustice.”
The full letter can be found here.