Immigrant Groups Sue DHS for Artificial Intelligence Disclosures

Federal homeland defense agencies have fast-tracked the use of artificial intelligence to issue decisions on immigration benefits, but have failed to disclose how they will prevent discrimination from those tools, a lawsuit claims.

“AI tools are now pervasive at DHS—agency decision makers use AI to inform a range of decisions that impact people’s lives,” according to a complaint filed Oct. 3 in the US District Court of the District of Columbia.

Decisions by the US Citizenship and Immigration Services and other Department of Homeland Security subagencies affected by AI could include deferred action grants, visa fraud detection, naturalization, and detention, immigrant advocates say.

Although executive agencies like DHS have released policies on the responsible use of artificial intelligence technology—including a compliance plan from DHS last month—the agency hasn’t released crucial information on the how those tools are being used or what specific safeguards it’s adopted.

There’s also no evidence the agency is notifying individuals about the use of AI in adjudicating benefits or offering a process to address adverse AI decisions, according to the complaint. That redress process was required by a March memo from the Office of Management and Budget.

The complaint was filed by Pangea Legal Services, Mijente Support Committee and Just Futures Law after they filed multiple Freedom of Information Act requests for records on use of artificial intelligence in DHS operations. The groups are asking that the agency be compelled to expedite the search and release of responsive records on AI.

The Department of Homeland Security didn’t immediately respond to a request for comment.

The case is Pangea Legal Services v. USCIS, D.D.C., No. 1:24-cv-02809, complaint filed 10/3/24.