DHS deploys AI in immigration enforcement largely untested, undisclosed, and unreviewed, a preview of how AI could reshape executive power.
In a recent article, Cullen O’Keefe, Alan Rozenshtein, and Christoph Winter introduced the concept of “ExecAI:” the use of advanced AI systems within the executive branch and the ways those systems could erode the separation of powers. They ask what happens when presidential directives can be executed without the institutional friction that human decision-makers often provide: opportunities for dissent, whistleblowing, meaningful attribution when errors occur, and enough time for courts to intervene.
The piece presents these as emerging challenges, but the immigration system offers a concrete case study because it already combines broad executive discretion, limited constitutional protections, and the rapid adoption of AI-enabled decision-making.
But the federal government has not needed frontier AI to begin reshaping executive power. It has done so through ordinary procurement and existing immigration authorities.ImmigrationOS, ICE’s operational platform, combines government records and commercial data into a single picture that helps prioritize enforcement targets. Hurricane Score, an algorithm previously used in ICE’s Alternatives to Detention program, estimated the likelihood that participants would abscond based in part on demographic and case-related information, including characteristics that raise significant equal protection concerns. And the U.S. Citizenship and Immigration Services (USCIS) Asylum Text Analytics tool flags asylum applications for additional scrutiny and monitors attorneys and preparers as a network rather than reviewing cases in isolation.