Think Immigration: Why We Had to Write About Legal Reform: The Justice Gap and Immigration Law

As part of our efforts to amplify the AILA Law Journal, Matthew Blaisdell and Michele Carney describe how they approached writing their piece about the changes in the legal profession that may affect access to justice in the Spring 2025 issue of the AILA Law Journal. AILA members, access your free digital copy of the Law Journal to read more!

In a world where AI is rapidly advancing for lawyers – regulatory changes and access to justice issues are slower to change.  Regulatory changes within states can be progressive to allow for more individuals to access legal services in an easier, more affordable way. But for so many people-and especially for immigrants-this isn’t just a movement. It’s the difference between getting help and going it alone, sometimes with life-altering consequences. That’s why we wrote “Reform Is Coming-Part One” for the AILA Law Journal: to shine a light on the changes slowly moving through the legal profession.

The Justice Gap: More Than a Statistic

Here’s the sobering reality: 86% of civil legal problems reported by low-income Americans get inadequate or no legal help at all. In the immigration world, waitlists for help can stretch from three months to a year, and that’s if you’re lucky enough to get on one. This is the “justice gap”- the canyon between what people need and what’s actually available.

For immigrants, the stakes are even higher. Immigration law is a maze of agencies, forms, and rules, with the ever-present threat of deportation or family separation. It’s complex, the consequences are severe, and the need for competent help is critical. Yet, because legal services are expensive and hard to access, many immigrants turn to unqualified providerssuch as“notarios” or others who may do more harm than good.

Why Write About Reform Now?

We wrote this article because the rules that govern who can help people with legal problems-and how-are changing fast. States like Utah and Arizona are experimenting with “regulatory sandboxes” and new categories of legal professionals, like licensed paraprofessionals, to see if loosening the traditional rules can help more people get the help they need.

These reforms are controversial. On the one hand, they could lower costs and make legal help more available by letting trained nonlawyers handle routine matters. On the other hand, there are real concerns about consumer protection, especially in complex fields like immigration where a simple mistake can have devastating consequences.

How Can You Use This Article?

If you’re an immigration lawyer, a community advocate, or just someone who cares about access to justice, this article is your roadmap to the future. We break down:

• What the “justice gap” really means for immigrants and their families.
• How new models-like alternative business structures and regulatory sandboxes-are being tested in states across the country.
• The unique challenges these reforms pose for immigration law, which is federally regulated and notoriously complicated.
• The tension between state-level innovation and the federal rules that govern immigration practice.

We also highlight metrics and early results from these experiments. For example, Utah’s sandbox saw 7,000 clients served with only five complaints-a promising sign, but also a reminder that immigration-specific services are now paused for further review due to regulatory concerns.

Why Should You Care?

Because this isn’t just about lawyers and rules. It’s about real people-your neighbors, your coworkers, maybe even your family-who need help navigating a system stacked against them. It’s about making sure that reforms don’t just open the door to more providers, but actually deliver quality, affordable help to those who need it most.

As technology evolves and more states consider these reforms, immigration lawyers will need to adapt. The article is a call to action: get informed, get involved, and help shape reforms so they work for everyone, especially the most vulnerable.

The Bottom Line

We wrote “Reform Is Coming-Part One” because the legal profession is at a crossroads. The old ways aren’t working for too many people, and change is coming whether we’re ready or not. Our hope is that by understanding what’s happening-and why-it’s-happening, we can all play a part in building a system that truly delivers justice for all.

Part Two will focus on the effects that these reforms and technological developments will have on changing the shape of law firms and the manner in which we practice. The goal will be to help you think about how to plan for what might be a very different market for legal services in the not-so-distant future.

So, whether you’re a lawyer, a client, or just someone who believes in fairness, this article is for you. Let’s make sure the coming reforms close the justice gap, rather than widen it, especially for those who need help the most.