The Department of Health and Human Services listed the AI tool in its online AI use case inventory before the entry was deleted. The department designated the "Unaccompanied Child Sponsor Identity Verification" tool as "high-impact." The online description classified the technology as "computer vision." The tool was developed to vet sponsors of unaccompanied immigrant children in government custody.

Congress mandates that federal agencies maintain a public registry of current and planned AI uses, known as an AI use case inventory. The Office of Management and Budget issued guidance in January 2025 requiring agencies to inventory all AI use cases in pre-deployment, pilot, deployed, or retired stages. That guidance states that AI products must not be deleted from inventories even if development or use has been discontinued, to preserve a record for at least one year.

Office of Management and Budget guidance requires high-impact AI tools to undergo additional scrutiny, including an independent assessment of potential impacts on privacy, civil rights, and civil liberties. The rules also require high-impact AI uses to have an appeals process that includes human review. The Office of Management and Budget declined to comment on the removal of the AI tool information and referred inquiries to the Department of Health and Human Services.

Jeramie Scott, senior counsel at the Electronic Privacy Information Center, said the action appeared unlawful. "It would appear that HHS is in violation of the law, and the whole situation comes across as the agency trying to hide something," Scott said. Deirdre Mulligan, faculty director at the Center for Law & Technology at the University of California, Berkeley, noted the timing of the deletion. "When a reporter asks about something and it’s removed – that’s problematic," Mulligan said.

Samuel Bagenstos, former general counsel at the Department of Health and Human Services, said the removal created uncertainty about agency compliance. "The disappearance of the AI case raises a pretty serious question about whether HHS is complying with the law," Bagenstos said. He also showed concerns that sponsorship applications could decline if caregivers fear enforcement actions.

"We want sponsors to come forward.. who have the kids’ best interests at heart," Bagenstos said. "If they feel like coming forward just puts them on the radar screen for some ICE raid."

The Department of Health and Human Services has partnered with Immigration and Customs Enforcement and other federal and local agencies to check on unaccompanied children and their sponsors nationwide. The Trump administration has required fingerprinting of adults applying to sponsor unaccompanied immigrant children. The Department of Health and Human Services has held unaccompanied minors in custody for an average of more than six months in recent months.

The removal of the entry conflicts with Office of Management and Budget guidance that prohibits deleting AI products from inventories to ensure a record is preserved for at least one year. High-impact designations trigger requirements for independent assessments of privacy, civil rights, and civil liberties impacts, as well as appeals processes with human review. The lack of response from the Department of Health and Human Services leaves open questions about the operational status of the tool and the identity of its vendor.

The tool was designed to vet sponsors for unaccompanied immigrant children, a population the department has held in custody for an average of more than six months in recent months. Partnerships with Immigration and Customs Enforcement and fingerprinting requirements for sponsors have raised concerns among advocates that potential caregivers may hesitate to come forward. Critics argue the deletion of the inventory entry suggests an attempt to obscure agency actions during a period of heightened scrutiny over immigration enforcement and child welfare protocols.

Why It Matters

The removal of the high-impact AI tool entry conflicts with Office of Management and Budget guidance requiring agencies to preserve such records for at least one year, even if discontinued. This action bypasses mandatory independent assessments of privacy and civil rights impacts required for high-impact designations, as well as appeals processes involving human review. The lack of transparency regarding the tool's status occurs while the department holds unaccompanied minors for an average of more than six months and partners with Immigration and Customs Enforcement on sponsor checks.