Law Is a Profession of Meaning, Not Words: James Chesser on AI and the Future of Immigration Law
Law Is a Profession of Meaning, Not Words: James Chesser on AI and the Future of Immigration Law

He was only days away from sitting his examinations at Yale when the border guards stopped him. They had found checkbooks and bank card checks among his belongings and accused him of working illegally, something he had never done. James Chesser, then a young Canadian physics student, did not yet realize he was being baited, that the guards were simply testing whether he would say something incriminating. He took the accusation as an affront. He argued. He grew curt. And for that, they refused to let him in. 

For three days he waited outside the country, his exams slipping away, with almost no way to make his case. "I had a very sobering reflection of what immigration really was," he says, "and how little voice I had in appealing this whole matter." A telegram from a well connected friend eventually reached the chief of the border, and he was allowed back across. But the experience had already done its work. 

"I said to myself, well, okay, I'm going to help a lot of people who find themselves completely out at sea with this process," Chesser recalls. "Grandmothers, truck drivers, political science professors. I don't care who they are. If they are good people who want to contribute to this country, then I’ll help them–especially when they just don't know the system or the language or the policies very well." Decades later, that promise still defines him. "Every time I help somebody, I feel a kind of warmth that they're getting an adequate voice."

From Particle Physics to Immigration Law: The James Chesser Story 

James Chesser did not set out to be a lawyer. He grew up in Canada and while attending a public high-school, won first prize at a national science and engineering fair as an innovator, an award that sent him to speak at the University of London. While in the U.K. he was invited to He fell in love with Trinity College, Cambridge, and fell in love with it. He was later admitted, and studied particle physics and electrical engineering there before pursuing advanced study at Yale. 

Law came later. At the University of Virginia, where he served on the Law Review, he wrote about semiconductor chip protection and the tension between intellectual property rights and anti monopoly law. Looking back, he describes the two halves of his education as complementary. "Semiconductors taught me how systems work," he says, "but law taught me how meaning works." 

He would go on to practice consular processing for 30 years, handling a steady stream of EB-1 cases, along with O, L, E, and H business visas, and student, visitor, and asylee the classic business applications categories. He watched entrepreneurs and professionals arrive and build enterprises that strengthened the country. Yet the part of the work that stayed with him was never the paperwork. "It's the human element that really makes this work," he says. He thinks often of the grandmother flying in for a granddaughter's graduation, or someone arriving for a funeral, lost in a process they have no map for. "Our goal is to help these people have the best presentation they can. Not to cheat the system, but to make sure they know the rules and can present themselves clearly." 

It is a vocation, he insists, not just a job. "Immigration lawyers often practice a deeply human form of law”, he says. “Beyond statutes and petitions, they become advisors, confidants, and trusted allies to people whose futures may depend upon being heard, understood, and treated with dignity.” Half the immigration attorneys I meet are not only part skillful, compassionate lawyers," he says,. "but also The other part is a combination of part missionaries and social worker s and friend to their clients.. " 

How James Chesser of Chesser & Associates Sees AI Transforming Immigration Law 

When generative AI arrived, Chesser, who recently received his first patents for new architecture in natural language understanding (NLU), did not see a threat. He saw an opening. "I saw not automation," he says, "but a chance to engineer understanding." 

His framing is precise. "AI amplifies reason," he explains. "It first started speaking like a lawyer, and now it's starting to read like a judge." He is blunt about what that means for the profession. "I don't see this as replacing lawyers, except those who don't use AI."

He is equally blunt about how the technology is being oversold. Too often, he says, AI is marketed to attorneys as a file management tool, a way to be more efficient and more profitable. For Chesser, that misses the point. "The quest is ultimately winning justice," he says. "AI will tell you what something is. But to win you’ve got to know we want to tell you what an examiner they heard, what it meant, and where the next question came from, in human terms." 

He offers an example that has stayed with him. If a person takes 25 seconds to answer a question, a machine records a single, simple fact: a 25 second pause. A human hears something else. "What you hear is doubt, evasion, confusion, maybe strategy being formed," he says. Or perhaps, he adds, it means nothing at all. The person could simply have been distracted by a dog. Chesser would know. A Boykin Spaniel named Molly—the state dog of South Carolina, where Chesser now lives—sat in on the interview after Chesser’s wife assigned him dog-sitting duty in the office for the afternoon. A Boykin Spaniel named Molly, the state dog of South Carolina, where he now lives, sat in on the interview itself, assigned to Chesser by wife to dog-sit the office for the afternoon. The point is that only context tells you which reading is right, and context, he argues, is the whole of the law. "Law will belong to people who can determine prove not just what was said, but what it meant." 

Beyond Words: The Architecture of Understanding 

This is the frontier Chesser and his development engineering partner, Chris Kozma, both electrical engineers as well as lawyers, are building toward in their startup, BorderBrain.com. Most of the large language models attorneys encounter are, in his words, word predictors rather than evidence provers. He reaches for a line from Oliver Wendell Holmes to make the point: words are the skin of a living thought. "AI will read that skin," Chesser says. "But as lawyers, we've got to go after the thought." 

He has a gentler metaphor too. "Text is the shadow of the conversation," he says. "Reading a transcript is like reading a music scorestory. You still haven't heard the music." His patents, he explains, are an attempt to help lawyers hear that music–, to build systems that can prepare a client for an immigration asylum interview, a cross examination, or a deposition by capturing not just what was said, but what itwas meant in the room.. 

He is careful about the limits. "We are not ever wanting to replace strategy, compassion, human judgment," he says. "That's innately a human responsibility." 

The Expanding Digital Border: A Warning for Every Attorney 

Chesser recently wrote about what he calls the expanding digital border, and he believes it is a story far larger than immigration. "At our nation's edge is where constitutional protections recede," he says. It is, in his telling, the testing laboratory for warrantless searches. AI now gathers information on travelers before they board a plane, during pre clearance, and after they enter a country, and governments share what they collect. 

This is not an immigrant problem alone, he warns. "We all travel," he says. The data creeps from country to country and will eventually flow into domestic systems, from criminal databases to license applications. He draws a sharp line between identification and investigation. An immigration tool that scans a client's employment history, passport, travel record, social media contacts, and medical and financial files, he says, is not identifying anyone. "Your Honor, that's not an identification. That's an investigation." If attorneys do not say so plainly in court, he warns, justice risks degenerating into a system where the screen flashes red and a person is presumed guilty. 

James Chesser's Message to Attorneys Still Skeptical of AI 

For lawyers who feel too busy or too doubtful to engage, Chesser's answer is direct. "It's here. It's not something we're going to wish away." He frames the choice in three ways. There is the moral dimension: attorneys are, he says, the spokespeople for fairness and due process, and they have a duty to give voice to clients who may not understand the systems being used against them. There is the competitive dimension: a firm that ignores AI will be outpaced by one that does not. And there is the simple fact that the technology is already in use on the other side. "It's like you're using a pea shooter to defend your client when the government's ramping up to use quantum computers." 

His advice for getting started is refreshingly low pressure. Open a chat with an AI model and start asking questions. Read widely. He points to his own ABA SciTech Lawyer article, "Getting Along with GPT," and a forthcoming piece on cognitive AI, and recommends AILA and ABA conference programming for attorneys at every level of experience. 

Why James Chesser Calls This the Best Time to Practice Law 

For all his warnings, Chesser is, at heart, an optimist about the profession. The conviction running through everything he says is that AI is not the property of a narrow elite. Asked once on a radio show to name the greatest misunderstanding about AI, he landed on this: the idea that it belongs only to technocrats, high tech companies, and government experts. "It belongs to humanity," he says. “We all need to weigh in on how it should, and should not, be used.” 

That is why he believes lawyers, with their hard won sense of what is fair and what is right, belong at the center of this moment rather than the edge of it. "Justice does not wait for the unprepared," he says.

And he returns, again and again, to the same idea. The law has never really been about words. "We are a profession of meaning," he says. If meaning is the one thing machines still cannot reach on their own, then the lawyer's role has rarely mattered more. "If there was any time in living memory that it was exciting to practice law and give voice to fairness," Chesser says, “this is it.” "What a wonderful, fascinating time it is to be a lawyer."

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