AI is seeping into the legal world and impacting immigration law.
The integration of artificial intelligence (AI) into the legal world has brought both promise and peril. Here we look at the domain of immigration law to explore its implications. While AI tools like ChatGPT have been lauded for their ability to streamline processes, provide legal guidance, and enhance research capabilities, recent developments have unveiled concerning implications, raising questions about accuracy, ethics, and the potential for harm to vulnerable immigrant populations.
Using AI To Win Court Cases
The journey of AI in legal proceedings traces back to early experiments, with notable instances involving litigants secretly using AI as early as January 2023. However, it wasn't until June of the same year that widespread attention was drawn to its use in courtrooms. In June 2023, a Court of King’s Bench in Manitoba, Canada became one of the first common law courts to issue procedural rules requiring litigants to identify whether and how AI has been used in submissions to the court. In the U.S. reports started to emerge detailing cases where AI-generated content, including fictitious cases, found their way into legal submissions, casting a shadow of doubt on the reliability of such technologies.
In a recent landmark Vancouver, Canada case touching on an immigration matter, a lawyer came under fire for submitting fake precedents created by an AI chatbot. This attorney relied on ChatGPT to provide relevant case law, a practice that is increasingly common worldwide in the legal community. However, subsequent investigation revealed that the cases submitted could not be verified, raising serious concerns about the accuracy and integrity of AI-generated legal content. Similar false case reports using AI in the United States have also been experienced.
Far-Reaching Implications If AI Use Is Not Checked
The implications of such actions are profound, particularly for immigrants seeking legal representation. For many, immigration attorneys serve as their lifeline, guiding them through the labyrinthine immigration system and advocating for their rights and protections. Yet, relying on AI tools without proper vetting and verification introduces a dangerous vulnerability, potentially exposing immigrants to the risk of erroneous legal advice, unjust outcomes, and exploitation.
AI Legal Malpractice In Immigration Law
Immigration attorneys, therefore, bear a responsibility to be vigilant and discerning in their use of AI technologies. Immigration attorneys cannot charge clients for effective legal representation and then simply submit unchecked AI generated briefs into court on their behalf. The stakes are high, with the futures and well-being of their immigrant clients hanging in the balance. The consequences of such negligence or malpractice can extend far beyond individual cases, impacting entire communities and perpetuating systemic injustices if digital inaccuracy distorts the legal domain.
Moreover, the prospect of judges relying on unchecked AI-generated content to render decisions also poses a direct threat to immigrant rights. Asylum claims, deportation proceedings, and visa applications hinge on the fairness, impartiality and truthfulness of judicial determinations. Yet, the unchecked use of AI in legal proceedings risks perpetuating biases, inaccuracies, and disparities, undermining the fundamental principles of due process and human rights.
Avoiding AI Nonsense
In light of these developments, it is imperative for immigration attorneys to guard the well-being of their immigrant clients by resorting to AI technology judiciously and responsibly. Going forward we can expect that regulatory bodies and legal institutions will increasingly establish clear guidelines and standards for the more ethical use of AI in immigration law. Due diligence in reviewing legal work to ensure AI is not feeding us nonsense is the key.
