DHS Memo Signals Heightened Asylum Fraud Enforcement
Key Details
On May 26, DHS General Counsel James Percival issued a memo instructing ICE attorneys within the Office of the Principal Legal Advisor to develop anti-fraud policies for "robust enforcement" of existing federal anti-fraud law.
The memo specifically calls for enforcement against immigration attorneys filing false asylum claims in immigration court.
This directive does not create new penalties but signals increased use of existing administrative enforcement tools.
Background
The memo cites a statute allowing civil penalties for immigration-related document fraud, including knowingly preparing or filing false applications. Penalties can reach up to:
- $4,730 for a first offense
- $11,823 for subsequent offenses
- Applied per fraudulent document or act
Recipients can contest allegations before an administrative law judge; successful penalties may be accompanied by cease-and-desist orders.
For attorneys, fraud findings could be referred to disciplinary authorities, potentially leading to suspension or expulsion from immigration court practice or criminal charges.
The memo notes that historically ICE has relied on immigration judge discipline and criminal fraud enforcement but has its own tools. Previous prosecutions of asylum fraud rings include:
- Guilty pleas by immigration attorneys in New York City in 2023
- A Florida man sentenced to 20+ years in 2021
- A Queens attorney sentenced to 5 years in 2019
Statements
Percival wrote: "For many years, millions of illegal aliens have committed fraud on our immigration system... In no place is this more rampant than in immigration court."
He asserted that asylum claims have become "standard practice" for lawyers to argue that "virtually every illegal alien" faces persecution or torture.
The memo also references President Trump's March memo directing the attorney general to seek sanctions against lawyers and law firms bringing "frivolous, unreasonable, and vexatious litigation."
Percival wrote: "As President Trump has explained, 'the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims.'"
Reactions
The White House January executive order "Protecting the American People Against Invasion" declared the government would enforce immigration laws against inadmissible and removable noncitizens.
The American Immigration Lawyers Association called the March presidential memo a "dangerous" threat to immigration attorneys.
Advocacy groups have warned the administration is targeting lawyers who represent immigrants.