AI’s Role in Immigration Law Compliance

Immigration and refugee policy and applications can be complex, time consuming, and costly for both applicants and the organizations who process them. Using AI tools to manage these processes can bring increased efficiency and reduce costs. However, the use of these AI tools in highly sensitive and changeable policy fields can lead to privacy breaches, discrimination, and violations of human rights.

1. Automated Data Capture and Validation

Immigration processes can be expensive and resource-intensive for both companies hiring overseas workers and individuals applying for visas. Automated data capture and validation from AI systems can help to reduce costs, improve accuracy and speed up processing times. By automatically analyzing and evaluating the data from applications, AI technology can eliminate errors that could otherwise delay or even derail the process. This will not only save time and money for businesses and applicants, but also free up human staff to focus on other, more important tasks.

A growing number of organizations are harnessing the power of AI to enhance their immigration processes. By automating a wide range of routine tasks, from form filling to document verification and tracking, firms can streamline their workflows, increase efficiency and productivity and ultimately make better informed decisions with more data at their fingertips.

This approach can significantly reduce the overall cost of the immigration process, as well as free up human resources for more important tasks. AI can also help to reduce the risk of costly mistakes and inconsistencies, which can often be caused by manual errors or misunderstandings.

AI systems can also be used to encrypt sensitive information and prevent unauthorized access, ensuring that client PII is safe throughout the immigration process. AI-enabled security systems can also be used to monitor and detect potential data breaches in real-time, enabling immediate response and action.

As the legal industry embraces the positive opportunities offered by AI, it is important to remember that it should not replace human judgement and expertise. As such, it is essential that immigration lawyers carefully consider the role of AI in their practices and remain vigilant about identifying and mitigating biases, maintaining strict privacy standards and ensuring the integrity of legal work.

Immigrants play a critical role in the United States’ AI sector, from student researchers in academic labs to foreign employees in leading companies. This talent is vital for the future of AI and helps to address the current shortage of skilled workers across many industries. However, the current system is not doing enough to attract and retain the best and brightest immigrants.

2. Risk Assessment

Artificial intelligence has come a long way since Alan Turing famously speculated in 1950 about “thinking machines” that would be capable of understanding and performing tasks like humans. Today, AI software is designed to mimic human processes, including processing massive amounts of data to identify patterns and making decisions based on that information. Humans supervise some of this work, reinforcing good choices and discouraging bad ones. Others are designed to learn without supervision, for instance by processing video games over and over again until they find the best strategy.

The development of AI is being fueled by the availability of large datasets and advances in computer technology. Machine learning has become a key component of AI systems and is the primary method by which they acquire new knowledge. These advancements are enabling AI to perform complex tasks that were previously difficult or impossible for humans to accomplish, such as interpreting speech and image data, recognizing faces, and playing games. AI experts distinguish between strong and weak AI, with strong AI representing a machine that has full cognitive capabilities, while weak AI represents a system that is limited in its scope of functionality.

While much of the attention surrounding AI is focused on its potential to replace or augment human work, it also holds great promise for improving immigration law compliance. This is particularly true for AI tools that can be used to assess the risk level of noncitizen detainees. Currently, the RCA is not an independent source of decision-making information that ICE officials can rely on to ensure due process protections. However, this Note argues that the RCA, if improved, can provide immigrant detainees with increased access to due process by diminishing bias and standardizing decision-making.

The RCA was developed to serve as a technological palliative to the problem of draconian over-detention, but it has not been effective in decreasing the number of people detained before their cases are adjudicated and does not address some core issues of due process such as timely proceedings and access to counsel. The RCA is an important tool for the future of the immigration detention system, but it must be substantially revised to improve due process protections for noncitizen detainees.

3. Data Privacy and Security

AI can play a vital role in protecting sensitive data about applicants in immigration agencies, through various security measures including encryption, access controls, and threat detection.


 AI can help implement robust encryption protocols that protect data in transit as well as at rest. Data is encoded so that only authorized parties are able to decipher it. Encryption makes sure that even unauthorized people who gain access to data cannot read it or use it.

Access control

 AI powered access control systems are able to manage who is allowed access to specific data and systems in an immigration agency. These systems, which use AI and machine learning algorithms, can monitor and adjust user access privileges in real-time based on roles, responsibilities and behavior. This prevents unauthorized access to sensitive information.

Detection of Threats

 AI is able to detect and respond in real time to possible threats or suspicious activity. Machine learning models analyze patterns of behaviour across an organization’s networks to detect anomalies which may indicate a breach in security or unauthorized access. This proactive approach enables agencies to quickly respond to security incidents.

User authentication

 AI authentication methods such as fingerprints or facial recognition (e.g.) and behavioral verification can improve security. These methods are hard to impersonate and add an extra layer to protect sensitive data.

Data loss prevention (DLP)

 AI is a powerful tool to prevent or monitor unauthorized data leakage. DLP solutions are able to automatically identify sensitive information, track it’s movement and then block or encrypt the data when needed.

Intrusion Prevention and Detection Systems (IDPS).

 AI is able to bolster IDPS systems by continuously analysing network traffic and logs in order to detect signs of intrusions and attacks. These systems can act immediately to protect data and the network when suspicious activity is detected.


 AI can be used to analyze user behavior and detect deviations which may indicate an insider threat or compromised account. This allows agencies to identify potential security threats early and take action.

Security Awareness Training 

AI can help develop personalized security awareness programs for agency staff, helping them to recognize phishing attacks and other common attack vectors.

Patch Management and Vulnerability Scanning

 AI-based tools can automate patch management and prioritize vulnerability scanning. Agencies can reduce the risk that software vulnerabilities will be exploited by identifying them and fixing them promptly.

Immigration agencies must adopt a holistic data security approach, combining AI solutions with cybersecurity best practices as well as compliance with data protection laws. To maintain a high-level of security, regular security audits, training programs, and risk assessments are all essential. In addition, agencies need to be vigilant and adjust their security measures in response to emerging threats.

3. Letters and Forms Generation

When laymen hear the term Artificial Intelligence, they often associate it with robots. This is because, in popular culture, we think of robots as intelligent creatures that act and think on their own. But Artificial Intelligence is much more than that.

AI is the ability of a computer to perform tasks in a way that would be considered intelligent by humans. Historically, this has involved programs that could solve complex problems and mimic human learning, reasoning, and problem-solving.

The Immigration Reform and Control Act of 1986 (INA) authorizes the Attorney General to enter into agreements with state and local law enforcement officials under 287(g). This allows these officers to assist federal authorities with their immigration-related duties. Opponents of this program argue that it provides local officers with direct access to databases containing information on immigration status and absconders.

4. Automated RFE Analysis and Response

As a company’s operations return to normal following the COVID-19 pandemic, it’s important that it shift its focus back to immigration compliance. A thorough review of Form I-9s and specialized visa programs can help prevent violations and ensure the company’s continued eligibility for certain business visas.

Immigration law is a constantly evolving field, and companies must keep up with new laws, policies, and enforcement priorities. Having an experienced team of immigration attorneys to assist with compliance is critical. Trustworthy AI requires the ability to recognize and learn from human discernment. This may include recognizing errors, adjusting algorithms, and adapting to changing circumstances. It’s also important that AI be able to communicate with humans so it can explain its findings.

In addition to ensuring that a company’s I-9 forms are accurate, it’s vital for businesses to be prepared for the possibility of an RFE. RFEs are sent by USCIS officers when the application is unclear or does not provide sufficient documentation to determine eligibility. RFEs often raise additional lines of inquiry that could result in a denial. An RFE response must address all cited criteria and be submitted as soon as possible to avoid a potential delay in processing the case.

IGRF-RFE uses a combination of filter and wrapper methods to reduce feature subset search space. The BS model and wise-patient fivefold CV method are used to generate 30 tables of feature importance. The tSNE visualization of each feature subset reveals the highest feature importance and provides insight into the feature selection process. The feature subsets are then transformed into component space and used to construct 31 alternative CFCs. Those with the lowest average important values are selected as the features to be removed during recursive feature elimination.

5. Compliance Monitoring

AI can be a powerful tool for immigration authorities to monitor compliance with immigration laws and visa conditions. Immigration agencies face a major challenge in ensuring that people who enter a foreign country with visas and permits follow the conditions of their documents. Here are some ways AI can help in this area:

AI-powered systems are able to automate tracking and monitoring visa holders. AI systems can update visa statuses in real time by integrating with border control and immigration databases. This includes expiration dates, conditions and other information. It ensures that the immigration authorities are able to access critical information in a timely manner, which allows them to detect visa violations quickly.

AI can also assist with data analysis in order to detect possible compliance issues. Machine learning algorithms are able to analyze large datasets such as travel records, financial transactions and social media activity to identify individuals who might be engaging in activities that violate their visa conditions. AI can alert if, for example, a tourist visa holder begins to engage in employment-related activity.

AI can enhance the risk profiling and targeting. By assessing different risk factors such as visa type and nationality and travel history, AI systems help immigration authorities to prioritize resources for inspections. This will ensure that resources are only allocated to the cases where there is a high likelihood of noncompliance.

The technology of natural language processing can also be used to analyze spoken and written statements made during interviews or interrogations. AI can assist authorities in identifying discrepancies and fraud by comparing the statements of applicants with their visa applications or prior records.

AI can improve the ability of immigration authorities to monitor compliance with immigration laws and visa conditions by automating data analyses, improving risk assessment and sending timely alerts about potential violations. AI can be a powerful tool but it should also complement human decision making, so that immigration officials can make well-informed decisions based on AI insights. This synergy could lead to better visa management and more effective immigration laws.