AI Governance and Ethics: Lessons from the U.S. Visa Revocation Policy

The recent policy shift by the US in utilizing AI to identify and revoke visas of foreign students allegedly supporting Hamas raises significant questions about AI governance and ethics.

The recent policy shift by the United States in utilizing artificial intelligence (AI) to identify and revoke visas of foreign students allegedly supporting Hamas raises significant questions about AI governance and ethics. This policy is reportedly based on AI-driven analysis of digital footprints, online activities, and affiliations, highlighting the growing reliance on automated decision-making in national security.

However, the lack of transparency in how these AI models assess individuals’ affiliations or intent underscores concerns about bias, due process, and potential human rights violations. This development underscores the pressing need for a regulatory framework that ensures AI is deployed responsibly, balancing national security imperatives with fundamental human rights.

AI in National Security: Efficiency vs. Ethical Concerns

The U.S. government’s reliance on AI-driven big data analysis to track individuals linked to potential security threats exemplifies the increasing role of AI in national security. While AI enhances efficiency by rapidly analyzing vast amounts of data to identify risks, it also introduces the potential for errors, biases, and unjust profiling. Such applications risk infringing on privacy rights and due process without a robust governance mechanism. A strong governance framework should include independent oversight bodies, clear regulatory standards, and mechanisms for redress in cases of AI-related errors or discrimination. Global best practices, such as the EU’s AI Act and UNESCO’s RAM AI framework, offer models for ethical AI governance by ensuring transparency, accountability, and human rights protection in AI deployment.

The Necessity of AI Governance

Effective AI governance must ensure transparency, accountability, and adherence to human rights principles. Governments deploying AI in security and law enforcement must operate within clearly defined frameworks that mandate:

  • Transparency: Clearly defining the data sources and decision-making processes used by AI systems.
  • Accountability: Establishing oversight mechanisms to prevent misuse and ensure that individuals affected by AI decisions have recourse for appeal.
  • Fairness: Mitigating biases that could lead to discriminatory practices, particularly against marginalized groups.

The Recommendation on the Ethics of Artificial Intelligence (RAM AI), established by UNESCO, provides a crucial global framework for ensuring the ethical deployment of AI. RAM AI emphasizes principles such as fairness, transparency, accountability, human dignity, and the protection of human rights throughout the AI lifecycle. The U.S. visa revocation policy, and AI applications in national security in general, should be assessed against these principles to ensure that AI is not misused for discrimination or undue restrictions on individuals.

Ethical Considerations in AI Deployment

Beyond governance, the ethical deployment of AI requires an equilibrium between technological advancement and safeguarding civil liberties. AI-driven surveillance and predictive analytics, if left unchecked, could lead to violations of fundamental freedoms, such as freedom of expression and movement. Ethical AI use mandates rigorous testing, continuous audits, and engagement with multi-stakeholder groups, including civil society organizations, to ensure technology serves public interest rather than exacerbating existing inequalities.

The Global Push for AI Regulation

The international community is gradually acknowledging the urgency of AI regulation. In September 2024, the U.S., European Union, and the UK signed a legally binding AI treaty that emphasizes human rights and democratic values in AI governance. This historic agreement reflects a growing consensus on the need to implement stringent regulations that balance innovation with ethical considerations. RAM AI serves as a key reference in these efforts, ensuring that AI governance frameworks align with global human rights standards.

The Need for AI Reskilling and Literacy for Policymakers

One of the most critical challenges in AI governance is ensuring that policymakers themselves understand the technology, not just in terms of adoption but also in identifying potential risks. Reskilling and AI literacy programs must be implemented to equip decision-makers with the knowledge necessary to evaluate AI’s ethical and societal impacts. Without a deep understanding of AI mechanisms, biases, and risk factors, there is a higher likelihood of misguided policies that either over-regulate and stifle innovation or under-regulate and allow for unintended harm.

Investing in AI education for policymakers ensures that regulations are not just reactive but proactive, aligning with ethical principles while fostering responsible innovation. A successful example of this is the OECD AI Policy Observatory, which provides training programs and knowledge-sharing initiatives for government officials to develop AI literacy and regulatory skills. Similarly, Singapore’s AI Governance Framework integrates structured AI education for policymakers to ensure informed decision-making in AI governance. These initiatives demonstrate how targeted reskilling efforts can empower policymakers to navigate the complexities of AI regulation effectively. Policymakers must work alongside technologists, ethicists, and civil society to create frameworks that balance technological progress with public trust and safety.

A Call for International Collaboration

The case of U.S. visa revocations using AI should serve as a lesson for other nations seeking to integrate AI into governance. Policymakers worldwide must prioritize international cooperation in AI ethics, ensuring that AI applications in security and public administration do not undermine democratic principles. The adoption of global AI governance standards, rooted in ethical principles and human rights protection, is crucial for the responsible deployment of AI in all sectors.

However, widespread adoption faces several challenges, including regulatory fragmentation across jurisdictions, differing national interests, and the rapid evolution of AI technologies that outpace existing legal frameworks. Additionally, concerns over data sovereignty, economic competitiveness, and geopolitical tensions may hinder global consensus on AI governance standards.

As AI continues to shape global security policies, its governance must be guided by principles that uphold fairness, transparency, and accountability. The RAM AI framework by UNESCO provides an essential guideline for ensuring that AI respects human dignity and fundamental rights. Ensuring ethical AI implementation is not merely a regulatory necessity but a moral obligation to protect individual freedoms and maintain public trust in emerging technologies.

Tuhu Nugraha
Tuhu Nugraha
Digital Business & Metaverse Expert Principal of Indonesia Applied Economy & Regulatory Network (IADERN)