How AI can blur the boundaries of immigration law

In late 2022, veteran immigration attorney Greg Siskind used a beta version of Casetext’s artificial intelligence legal assistant CoCounsel to research a class action lawsuit he filed for Ukrainian refugees seeking work authorization in the US. He says it was a “light bulb” moment for him.

In June, Siskind’s legal technology company Visalaw.Ai and the American Immigration Lawyers Association unveiled ‘Gen.’ Built on OpenAI’s major language model GPT, the software helps immigration lawyers get answers to their questions quickly and aids in legal research and drafting legal documents.

“Generative AI allows the lawyer to type in their search query and get an immediate response, as if they were asking an expert. They get quotes and links to the source material so they can dig deeper if they want,” he says.

In 2016, the American Immigration Council found that nationally, only 37% of all immigrants had legal representation in their removal cases. Only 14% of detained immigrants had a lawyer, compared to two-thirds of those who were not detained.

“These tools will allow lawyers to produce much more in the same amount of time,” says Siskind. “Potentially, prices for our services will drop enough so that many more people can rely on lawyers.”

Along the same lines, Miami-based immigration lawyer Nadine Navarro argues that the new technology will reduce the number of hours lawyers spend on time-consuming administrative tasks – such as filing asylum claims, waivers and applications – and allow them to focus on legal strategy and in-depth interviews with customers.

Navarro worked with two software engineers to create the GPT-based tool DraftyAI to allow immigration attorneys to draft legal documents based on data collected from clients at the intake stage. The software analyzes the data and automatically creates forms and documents with relevant case law and citations for attorneys to review and approve, Navarro says.

“It saves time and money, but it also gives back in a way that allows us to take on more clients and help more people,” Navarro says.

Like many in the legal industry, immigration lawyers are alert to the risks and dangers of AI. There are concerns about data privacy and confidentiality, and immigrants and asylum seekers can become vulnerable if they share sensitive data about themselves and their families.

Siskind is concerned about how prejudices can play a role. If federal immigration authorities use the technology, he will keep an eye on whether it changes the way immigrants interact with the system. U.S. Citizenship and Immigration Services and the Justice Department’s Executive Office for Immigration Review, which rules on removal proceedings, are among the federal agencies that handle immigration cases.

Amélie-Sophie Vavrovsky, founder and CEO of Formeel, a private beta platform that connects immigrants and asylum seekers with lawyers, is excited about the technology’s potential to help immigrants. But she says there is no substitute in immigration law for consulting a lawyer.

She warns that there could be serious consequences for people who use bots like ChatGPT to help with immigration matters, with one wrong move could spell doom for someone trying to stay in the country.

“It could lead to deportation, it could lead to very dramatic delays, it could lead to people not being able to be with their families,” Vavrovsky said. “I would encourage people to play with it, learn about it and not be afraid of it. It’s not magic.”

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This story was originally published in the February-March 2024 issue of the ABA Magazine.

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