Grijalva Raises Concerns on Use of AI in Immigration Decision Making

The Department of Homeland Security (DHS) is supposedly using artificial intelligence (AI) to make decisions on immigration cases without proper oversight, which concerned Representative Raul Grijalva (D-AZ) in a recent letter, demanding "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."

A report from the Latin American civil rights group Mijente suggested that DHS is making use of AI to inform decisions on deportation, detaining of individuals and families, and granting of citizenship, which Rep. Grijalva's letter suggested "has perpetuated or even worsened discrimination and racial biases" and that human oversight cannot accurately mitigate incorrect or biased information.

Hence why, as Rep. Grijalva noted, the Biden Administration introduced Executive Order 14110, and the Office of Management and Budget (OMB) issued a memo, both of which called for regulation of AI usage in government systems.

In his press release, the Arizona Congressman emphasized the potential for civil liberties violations when decisions are informed by AI, saying, "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."

As a result, he continued, "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."

Representative Jesus Garcia (D-IL), who co-wrote the letter, added, "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. 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."