AI’s Role in Addressing Immigration Legal Shortages

Three years ago, asylum seekers in court had a 50 percent chance of securing protection. Today, that chance has plummeted to 6 percent. A recent rule allows asylum officers to refer cases directly to immigration court without an interview. This aims to tighten evidence standards and hasten deportations. Many legal experts believe the process makes it hard to win, considering it futile to contest a case.

In this difficult period for immigration, amid increasing ICE arrests, legal representation remains crucial. Immigrants with legal counsel are 4.7 times more likely to succeed in obtaining relief compared to those without. Skilled attorneys help clients explore asylum and other protection avenues, including lesser-known options. Navigating this complex system without legal expertise often leads to deportation rather than protection. Despite its importance, more than half of immigrants in the U.S. go unrepresented, mainly due to affordability and access issues.

In rural America, the demand for immigration representation is particularly acute. These areas host about 1.8 million immigrants, who, though comprising only 5 percent of the population, fill pivotal roles in their communities. For instance, immigrants form 28 percent of the rural agricultural workforce and 14 percent of rural healthcare professionals. However, finding an immigration lawyer in small towns is challenging. While rural areas hold 20 percent of the U.S. population, they have just 2 percent of all practicing lawyers. Severe shortages in these ‘legal deserts’ mean a few attorneys, often pro bono, cover vast distances. Clients frequently cannot afford fees, and courthouses might be several hours away.

In such rural legal deserts, AI’s potential impact is significant. Typical asylum applications demand 50 to 75 hours of research, case management, and document analysis over months. AI excels at creating capacity where human resources are lacking, cutting down time spent on repetitive tasks and research. While essential to case success, every hour on paperwork is time not spent interacting with clients or assisting new cases.

As a student in Vermont and New Hampshire’s Upper Valley, I spent three summers assisting an immigration attorney at a nonprofit aiding gender-based violence survivors. Seeing lawyers decline viable cases due to staffing limits pushed me to develop AI research software for asylum claims, enabling them to handle more cases.

AI use in law is becoming widespread. Many firms and legal organizations integrate AI in their operations. Thomson Reuters’ AI for Justice program has reduced the preparation time for urgent cases by 75 percent for legal nonprofits. The Innocence Center has halved the time for wrongful-conviction petitions, from one year to six months. A UC-Berkeley study found that 90 percent of legal aid lawyers with access to generative AI tools saw productivity improvements, mainly in research and documentation task areas.

Though AI has limitations, like possible statistical and source errors, well-designed tools can greatly reduce these risks through audit trails and verifiable sources. They also require attorney oversight. AI offers leverage for attorneys rather than replacing them. While discussions about AI’s threat to jobs are common, its potential to increase capacity in under-resourced sectors is often overlooked. In areas like rural immigration law, exploring AI’s ability to expand representation and services in needy communities is essential.

Ella Tesone, a high school student from Norwich, Vermont, founded Asyla LLC, a social enterprise offering AI-powered software for immigration lawyers.