The implementation of new measures by the Department of Homeland Security and the Department of Justice has caused a demand for immigration attorneys across the U.S. The Securing the Border rule, for instance, fundamentally changes the process for claiming asylum. It sets stricter eligibility criteria and accelerated screening standards. (1)
Many people, from asylum seekers to families facing deportation, are seeking legal help to navigate the changing laws, tighter enforcement, and shorter consultation times. Law firms, especially in border states, struggle to manage the surge, with some reporting twice as many client consultations as usual.
The government is also stepping up enforcement. There are over 24,000 agents and officers working the southwest border right now, with plans to add up to 2,000 new Border Patrol agents in 2024. (2)
This post looks at how the new policies are changing the immigration system and driving a surge in demand for legal help across the country. Read on.
The Policy Shift and Its Immediate Effects on the Legal Community
The new Securing the Border rule makes a big change to how the government enforces immigration by setting up a rule that non-citizens who skip legal pathways (like failing to use the U.S. Customs and Border Protection (CBP) One app) are assumed to be ineligible for asylum. This shift makes it harder for people to qualify and speeds up the timeline for initial fear screenings.
The immediate effect on the legal community is a sudden need for lawyers who know how to handle these complex standards. Attorneys must quickly prepare their clients to demonstrate a compelling circumstance to overcome the eligibility limitation. This procedural tightening has moved the focus of legal work from long-term case preparation to rapid, high-stakes defense.
The Justice Department’s EOIR, which oversees immigration courts, is already dealing with a huge backlog, made worse by delays in immigration benefits processing at the U.S. Citizenship and Immigration Services (USCIS). Around 1.6 million people were stuck in the backlog as of December 2021, with open cases waiting an average of 58 months. This is made worse by the faster pace of new filings and appeals created by these fast-tracked enforcement measures. (3)
When looking for an immigration attorney, migrants must act quickly and carefully. The timelines under the new rule mean there is often little room for mistakes or delays. But with the help of an attorney experienced in asylum and removal relief, they can navigate filing paperwork and handling the fast-moving procedures that now define the challenging immigration process and landscape more efficiently.
Why the Increase in Demand Matters
The surge in demand for legal assistance isn’t just about more clients. It shows real problems with access to justice driven by:
Complexity and Risk
Immigration law has always been intricate, but the new rules add layers of bureaucratic complexity. Attorneys must now master the legal statutes and the ever-changing operational rules regarding the CBP One app, specific port-of-entry procedures, and new screening thresholds like the manifestation of fear standard. For unrepresented individuals, navigating these rules is virtually impossible. This leads to more people seeking counsel for even initial consultations.
Higher Stakes for Migrants
For migrants, the stakes are high. It could affect their ability to get a green card, citizenship, or permanent protection. The threat of quick deportation has gotten worse, with high numbers of removals. Early data for Fiscal Year 2024 shows that the Department of Homeland Security completed over 700,000 removals and returns, the highest number since 2010. (4)
Following the new rules, DHS has increased the number of non-citizens waiting for expedited removal, and the percentage of people released by border patrol while waiting for immigration court has dropped 80%. Getting through this first step and avoiding fast removal is directly tied to legal representation, making an attorney a necessity, not a luxury. (4)
Political and Enforcement Pressure
The increase in federal staff, shown by adding agents and officers along the Southwest border, signals a commitment to enforcement. This high-pressure environment affects legal practices, where attorneys feel pushed to work faster and harder to keep up with the government’s faster pace. This political pressure makes migrants feel more urgent about getting legal help right away, which speeds up demand for lawyers.
How Immigration Attorneys and Firms Are Responding
(Legal advisor assisting undocumented immigrants in a modern office)
Law firms and immigration lawyers are quickly adapting to the rush in demand created by new border policies. Many are changing how they work to handle faster timelines and more complex immigration cases. Teams now focus on urgent filings, prepare asylum applications within days, and do quick consultations for clients facing deportation or immigration court hearings.
Technology is playing a larger role in managing cases. Digital platforms and virtual consultations allow attorneys to deliver immigration services to clients in detention or remote areas. Some firms have also used different staffing models, using paralegals and accredited representatives to do more work while keeping quality legal help.
Nonprofit organizations and dedicated attorneys are working together to offer free legal assistance, making sure migrants can still get fair legal help even if they can’t afford it. Many practices also offer flexible payment options or sliding-scale fees to help those in need.
While the pace of work is intense, these efforts show how the legal community is evolving. They’re balancing compassion with efficiency to meet the growing demand for professional support in the changing landscape of migration law and immigration enforcement.
The Securing the Border rule has burdened migrants and their lawyers with faster timelines and stricter eligibility. This sudden demand strains legal services and, combined with the huge court backlog, exposes gaps in access to justice. But immigration lawyers continue to adapt and fight for their clients, proving that skilled representation can make the difference between deportation and staying home.
