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A ROLE FOR ARTIFICIAL INTELLIGENCE IN A POLITICIZED IMMIGRATION WORLD
Journal article   Open access   Peer reviewed

A ROLE FOR ARTIFICIAL INTELLIGENCE IN A POLITICIZED IMMIGRATION WORLD

Richard Frankel
Rutgers University law review (2014.), v 77(5), pp 1333-1357
01 Jun 2025
url
https://rutgerslawreview.com/wp-content/uploads/2026/05/09_Frankel.pdfView

Abstract

Government & Law Law Social Sciences
This essay offers three principles to guide AI with respect to immigration. First, AI technology can offer independence and protection from political interference and influence over day-to-day agency decisions. By taking first-level decisions out of human hands, it can prevent political meddling or at least make it more difficult. Second, the full impact of the current administration’s effort to reduce the federal workforce and to weaken agency power remains to be seen, but the effect is likely to be felt for years to come. The reality is that there may be fewer government workers in the foreseeable future, that institutional knowledge may disappear, and that immigration benefit backlogs are likely to grow. AI may end up being not just beneficial, but indispensable, for adjudicating visa and benefit claims in a timely fashion, and for ensuring that eligible noncitizens receive the relief to which they are entitled. Finally, while the Biden administration stated that AI should be done in a rights-respecting way, this essay suggests instead that AI use should be guided by the principle of affirming human dignity. In that way, it can address a noncitizen’s affirmative claim for benefits, i.e. where the noncitizen is seeking government help. But it can also protect against the government’s non-consensual intrusion of noncitizen rights, such as through expanded surveillance.

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