President-elect Donald Trump is poised to assume office next year, bringing with him an array of technological resources that could assist in fulfilling his campaign commitment to intensify immigration enforcement. Among these tools are surveillance and artificial intelligence technologies that the current Biden administration is already utilizing to make key determinations regarding the monitoring, detention, and deportation of immigrants without permanent legal status.
Despite the use of such technology by immigration officials for years, a recent communication from the Department of Homeland Security (DHS) provides insight into how these tools—and some that employ AI—play a significant role in making consequential decisions for immigrants. These decisions include whether individuals should be placed under surveillance or detained.
One specific algorithm assigns immigrants a “Hurricane Score,” which ranges from 1 to 5, aimed at gauging the likelihood that a person will evade the agency’s supervision. The letter, addressed to the immigrant advocacy organization Just Futures Law and written by DHS Chief Artificial Intelligence Officer Eric Hysen, explained that this score assesses the risks associated with immigrants who have pending cases and estimates the chances of them failing to report to Immigration and Customs Enforcement (ICE). This algorithm incorporates various criteria, such as the individual’s history of violations, time spent in the immigration process, and whether they possess travel documentation. Hysen clarified that while the Hurricane Score informs the decision-making process, it does not independently dictate outcomes relating to detention or deportation.
Additionally, the DHS utilizes a mobile application called SmartLINK, which employs facial recognition and geolocation to monitor the specific movements of immigrants. Nearly 200,000 individuals without legal status currently participate in the Alternatives to Detention program, allowing them to reside in the U.S. while their immigration status is determined. In exchange for this privilege, individuals are closely monitored via SmartLINK and GPS devices supplied by ICE.
Just Futures Law previously reached out to Hysen to express inquiries about the fairness of using algorithms to evaluate flight risks, emphasizing concerns over the extensive data collected by SmartLINK. Although AI systems that assess or categorize individuals are prevalent, they remain largely unregulated despite documented instances of discrimination based on race, gender, or other protected characteristics.
In response, the DHS assured that it is dedicated to maintaining transparency in its AI usage while upholding privacy and civil rights, actively working to align with the Biden administration’s standards for AI implementation. Nonetheless, Hysen indicated that particular situations might warrant a waiver of these requirements. Trump has voiced intentions to revoke Biden’s AI frameworks upon his return to the presidency in January.
A DHS representative stated that while the agency leverages AI to assist its personnel, the results generated from AI systems are not the exclusive basis for enforcement actions or the denial of benefits.
Although Trump has not detailed his strategies for executing the deportation of an estimated 11 million undocumented individuals, he has suggested employing wartime powers and military resources. However, such initiatives would confront substantial logistical obstacles, including the detention and locating of individuals scattered throughout the nation—issues that AI-driven surveillance could help mitigate.
Karoline Leavitt, a spokesperson for Trump, did not clarify the intended use of DHS technologies, but she noted that “President Trump will enlist every necessary federal and state resource to enact the largest deportation operation” in U.S. history.
Over a hundred civil rights organizations recently petitioned the Office of Management and Budget (OMB) to mandate that the DHS adheres to the Biden administration’s guidelines. There has been no immediate response from the OMB regarding this request.
Paromita Shah, executive director of Just Futures Law, expressed concern that if immigrants are categorized as flight risks, they may face prolonged detention. This situation severely impacts their ability to prepare a legal defense in immigration court, a process that is already quite arduous.
SmartLINK, a component of the Intensive Supervision Appearance Program, is operated by BI Inc., a subsidiary of the private prison firm The GEO Group, which also collaborates with ICE to manage detention facilities.
While ICE keeps its usage of SmartLINK’s tracking functions under wraps, public records reveal that during Trump’s first term in 2018, employees of BI Inc. in Manassas, Virginia, provided GPS data to federal agents, leading to over 40 arrests.
A report published last year by DHS addressing privacy concerns indicated that SmartLINK’s mobile app incorporates features to prevent unauthorized access to data on a participant’s device, except for location data when the app is active. However, the report also acknowledged the risk of collected data being exploited for unauthorized long-term monitoring.
The information gathered could potentially be stored in other databases operated by ICE and DHS for different mission-related purposes, the report noted.
In recent conversations with investors, executives from private prison firms articulated a clear awareness of the potential for future advancements.
GEO Group’s executive chairman, George Christopher Zoley, anticipated a more aggressive approach toward border security and interior enforcement under the new Trump administration, including requests for increased funding from Congress.
Zoley emphasized that GEO’s ISAP program could be scaled up significantly, from the current 182,500 participants to potentially hundreds of thousands or even millions.
On the same day, the CEO of CoreCivic, another private prison company, expressed that he would be closely monitoring how the new administration might reshape immigrant monitoring programs, seeing it as a chance for various vendors to discuss innovative solutions to improve outcomes and expand programs.
While GEO has not responded to requests for comments, CoreCivic affirmed its long-standing involvement in the nation’s immigration framework, providing “a valued but limited role” for more than four decades, regardless of which party held power.
