The US immigration system has been undergoing massive shifts lately, but one of the most under-the-radar developments may be one of the most impactful: the introduction of artificial intelligence (AI) into asylum adjudication.
In late 2024, the US Department of Homeland Security (DHS) announced it had completed the first phase of AI pilot programs across multiple agencies, including US Citizenship and Immigration Services (USCIS), which processes asylum applications.
Their key goals are for AI to help train asylum officers to review applications more consistently, efficiently, and—according to DHS—fairly. “[these tools] can help ensure officers are making decisions in accordance with current law, policy, and training,” said DHS in the official fact sheet.
But while the use of AI might sound like progress, it also raises the stakes for asylum seekers, particularly those filing their applications without legal help. We’re going to discuss the impact of AI in the asylum process, and how you can make sure your asylum application is as thorough as possible.
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DHS Is Using AI to Train Asylum Officers—What Does That Mean?
In its original AI use case inventory, DHS confirmed that, among other things, it would use AI for “Asylum Text Analytics (ATA).” DHS noted that, “The ATA capability employs machine learning and data graphing techniques to identify plagiarism-based fraud in applications for asylum status and for withholding of removal by scanning the digitized narrative sections of the associated forms and looking for common language patterns.”
This use case was later discontinued, as can be seen on the government’s “AI Use Cases” webpage, where ATA is now “Inactive.”
Still, this change is part of a broader push by the government to reduce backlogs, free up officers for higher level tasks, and accelerate decision-making overall using AI. It means that applications are being reviewed increasingly through data-driven systems, which can flag small errors, inconsistencies, or missing information more aggressively than before. And while asylum application text is no longer active, there’s no guarantee that it will stay this way.
As Docketwise noted in their article covering the shift that while AI tools may assist in standardizing decisions, they also risk overlooking human nuance, especially in asylum cases where trauma, memory gaps, and language barriers often make perfect consistency impossible.
So what does this mean for the asylum process? Is it all bad?
Benefits and Risks of AI in the Asylum Process
In an effort to look at the use of AI from both sides, let’s consider why the government might want to implement AI in asylum review. On the one hand, there are some potential benefits to integrating AI within the asylum process, such as faster processing times, as AI can review cases faster than a human, increased consistency in decision-making, and a more accurate application of training materials and legal standards.
However, for asylum seekers, the risks are likely more palpable — AI-supported training may result in less flexibility in officer discretion or automated tools may miss the context and nuance that human officers typically consider. Using AI, minor inconsistencies in dates, names, or timelines, which often occur due to trauma, translation, or fear, could be marked as “red flags” without a human eye who can take these factors into account.
According to the White House, steps are being taken to reduce “automation bias” and protect civil rights from potential AI harm, but there are concerns that these steps won’t be enough.
The reality is that AI systems are becoming more integrated into the immigration system, which might mean that the margin for error is shrinking. This is especially true at the earliest stage: filing your I-589 application.
Why It’s More Important Than Ever to File Your Asylum Application Correctly
Asylum is a form of protection granted to individuals who have suffered persecution or fear in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. Applications for asylum need to be filed within a year of arriving in the US as required by US immigration law. Compliance protects the right to be considered for asylum and can prevent or postpone possible deportation.
For many asylum seekers, the process starts with a form: the I-589 (Application for Asylum and for Withholding of Removal). But this form is anything but simple. It asks for a detailed personal history, descriptions of the harm faced in your home country, and consistent documentation of your identity, past persecution, and fear of return.
Even small errors on this form can be disastrous. With AI-enhanced systems flagging inconsistencies for officer review, an applicant who confuses dates due to trauma, leaves a field blank, or misses a key supporting document, could unintentionally undermine their entire case.
Unfortunately, due to the high cost of legal representation, many asylum seekers turn to non-attorneys like “notarios”—unlicensed individuals who offer to help with immigration paperwork but are not qualified to provide legal advice. These individuals often lack the training to complete asylum applications correctly, and sometimes even submit fraudulent or incomplete applications that jeopardize the applicant’s future.
The integration of AI means that asylum applications have to be completed to a professional standard and checked for anything that could be flagged as a problem. Taking a shortcut isn’t worth the risk.
How Limited-Scope Legal Representation Can Help
The good news? Asylum applicants have another option that is much better and more affordable than going it alone or relying on a notario.
Limited-scope representation allows attorneys to help asylum seekers with just part of the process, typically the most critical first step: filing the application. It’s not full representation in court, but it ensures that the I-589 form is accurate, complete, and submitted correctly.
This provides the applicant with the confidence of having had expert legal assistance at the initial stages of their asylum application. Once that person obtains an EAD work permit (usually issued 180 days after filing an asylum application), they gain the means to work legally in the US and the freedom to consider hiring an attorney for full representation later if they choose.
That’s exactly what Access61 offers. We’re a tech-enabled legal nonprofit that helps asylum seekers access attorney-reviewed, affordable legal support for the initial filing stage of their asylum case.
Access61 offers affordable, tech-driven limited scope support for asylum seekers
Access61 specializes in providing affordable and efficient limited scope representation for asylum seekers at scale. By leveraging sophisticated technology and AI models specifically trained to address the complexities of asylum law, Access61 delivers an attorney-prepared I-589 and personal declaration, which allows you to file on time, receive a work permit, and get on the path toward a more secure future.
With an EAD and the ability to work lawfully in the US while your asylum application is pending, you then can decide whether you’d like to have an immigration attorney assist you with the rest of your asylum case.
Reach out to Access61 today and start your asylum journey.
Preguntas frecuentes sobre la representación limitada de EOIR
¿Qué significa “representación limitada”?
La “comparecencia o representación limitada” es cuando un abogado representa a un cliente para una parte o procedimiento concreto de un asunto judicial, en lugar de para todo el asunto. Esto permite a los clientes obtener ayuda jurídica para necesidades concretas sin una implicación total, lo que a menudo ahorra costes.
¿Qué incluye la apariencia?
La comparecencia incluye la presencia física de un abogado en el tribunal, la presentación de documentos legales y mociones, y la participación en negociaciones, vistas y otros procedimientos legales relacionados en nombre de un cliente.
¿Influye la apariencia en el juicio?
Sí, tener un abogado presente en el tribunal garantiza que se protejan los derechos del cliente, que su caso se presente eficazmente y que se le guíe a través de los procedimientos legales, lo que puede influir significativamente en el resultado del caso.
¿Se puede presentar un EOIR-60 o EOIR-61 en cualquier caso?
No, los formularios EOIR-60 y EOIR-61 son específicos de los casos tramitados por la Oficina Ejecutiva de Revisión de Inmigración (EOIR) y están relacionados con los procedimientos judiciales de inmigración. No son aplicables en otros casos judiciales.
¿Quién está obligado a cumplimentar un EOIR-60 o EOIR-61?
El formulario EOIR-60 o EOIR-61 debe ser cumplimentado por los abogados o representantes acreditados que deseen comparecer formalmente ante un tribunal de inmigración o ante la Junta de Apelaciones de Inmigración en nombre de un cliente. Los formularios notifican al tribunal y a la parte contraria la representación legal.
Recursos adicionales
USCIS – Beneficios de inmigración en los procedimientos de expulsión del EOIR
Departamento de Justicia de los Estados Unidos – Preguntas frecuentes del EOIR