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The Department of Homeland Security (DHS) issued a directive instructing the Immigration and Customs Enforcement (ICE) to strengthen actions against fraudulent asylum applications and to take direct action against immigration lawyers who file false claims in court.
The directive, signed by the General Counsel of DHS, James Percival, instructs ICE lawyers to develop anti-fraud policies that reinforce the enforcement of 8 U.S.C. § 1324c(d), the federal law that establishes civil penalties for document fraud in the immigration system.
The measure does not create new penalties but expands the authority of ICE attorneys to act with greater autonomy, without relying solely on immigration judges or criminal prosecutors.
Under current law, civil penalties range from $250 to $2,000 per document for a first violation, and from $2,000 to $5,000 in cases of recidivism.
For lawyers, a finding of fraud can lead to referrals to disciplinary authorities and to suspension or expulsion from practicing before immigration courts.
In serious cases, the possibility of criminal charges is also considered.
Percival justified the measure with a direct remark aimed at the legal profession: "For many years, millions of illegal foreigners have committed fraud within our immigration system. There is no place where this is more rampant than in immigration courts. It is standard practice for immigration lawyers representing illegal foreigners to claim that nearly all will face persecution or torture in their home countries."
The official added that, thanks to the new directive, "ICE attorneys have greater authority to enforce the law and prevent the abuse of our asylum system by illegal aliens and attorneys."
The directive is part of a broader policy under the Trump administration.
In March 2025, the president issued a presidential memorandum accusing the immigration attorney association and large law firms providing pro bono services of "frequently advising their clients to conceal their past or lie about their circumstances when submitting their asylum applications, in an attempt to circumvent immigration policies."
That memorandum also directed the Attorney General to seek sanctions against lawyers and firms that file frivolous lawsuits against the government, with a review of up to eight years of prior conduct.
The new directive adds to other recent measures from the DHS.
In December, USCIS established a new background verification unit based in Atlanta to review pending and approved applications, prioritizing countries considered high-risk, including Cuba.
Last February, the DHS published a proposed rule in the Federal Register to reform the work authorization for asylum applicants, which includes extending the waiting period from 180 to 365 days, with the stated goal of reducing fraudulent or frivolous applications.
In April, the Trump administration ordered a pause on immigration processes which caused massive delays and particularly affected Cubans and nationals from countries included in the travel ban list.
The American Immigration Lawyers Association (AILA) reacted with alarm, publishing resources to help its members protect their professional practice from potential fraud accusations.
The organization stated that the announcement accuses immigration lawyers of "regularly advising their clients to conceal information and lie to obtain asylum."
The most recent precedent of this type of persecution occurred in March 2025, when a legal assistant in Miami was accused of submitting a fraudulent asylum application to USCIS, a crime that carries a penalty of up to 10 years in prison.
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