The Department of Homeland Security (DHS) has issued a directive instructing Immigration and Customs Enforcement (ICE) attorneys to intensify efforts against administrative fraud cases involving immigration lawyers accused of submitting false asylum claims. The move aims to boost enforcement and accelerate immigration removals by targeting both migrants and their legal representatives.
What happened
On May 26, DHS General Counsel James Percival sent a memo to ICE’s Office of the Principal Legal Advisor directing ICE attorneys to develop “anti-fraud policies” for robust enforcement of federal laws against immigration fraud. The directive specifically calls for enforcement actions against immigration lawyers who file fraudulent asylum claims in immigration court.
Though the directive does not create new penalties, it signals a more frequent use of existing administrative tools against lawyers assisting in filing false applications. The memo states that fraud is widespread in immigration court and that asylum claims, designed for narrow circumstances, have become standard practice for many lawyers to assert nearly every illegal immigrant qualifies for protection.
The statute cited authorizes the government to impose civil penalties on individuals who knowingly prepare or file fraudulent immigration documents, with fines reaching up to $4,730 for a first offense per fraudulent act, and up to $11,823 for subsequent offenses. Recipients of notices may contest allegations before administrative law judges, but successful enforcement could also lead to cease-and-desist orders and referrals to disciplinary authorities, potentially suspending lawyers from immigration practice.
Why it matters
This directive marks a significant policy shift toward criminal and administrative enforcement targeting immigration lawyers, expanding the government’s approach beyond prosecuting migrants alone. It reflects the administration’s broader efforts to reduce asylum claims it views as lacking merit and to challenge the legal infrastructure supporting immigration cases.
The move is consistent with prior actions by the Trump administration to sanction attorneys and law firms for perceived abuses of the immigration legal system. By holding lawyers more accountable for fraudulent claims, DHS aims to discourage manipulation of the asylum process and reduce litigation that the government considers frivolous.
Background
The federal government has prosecuted organized asylum fraud schemes in recent years, including cases against attorneys and individuals who coached clients to falsify claims. In 2023, immigration lawyers in New York pled guilty to preparing fraudulent asylum applications, while others have faced prison sentences for running fraudulent asylum operations.
Despite these prosecutions, Percival’s memo notes that ICE has historically relied on immigration judges and criminal fraud laws but has underused its administrative enforcement powers. The new directive seeks to leverage these tools more aggressively as part of ICE’s immigration court strategy.
Immigration advocates have criticized moves targeting lawyers, warning that increased enforcement efforts may deter legal representation and reduce access to due process for asylum seekers.
Sources
This article is based on reporting and publicly available information from the following source:
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