DHS Memo Directs ICE to Ramp Up Asylum-Related Fraud Cases

The Department of Homeland Security’s top lawyer on Tuesday directed Immigration and Customs Enforcement attorneys to aggressively pursue administrative fraud cases against immigration lawyers accused of filing false asylum claims, the latest step in the administration’s push to speed up removals, expand enforcement and challenge the legal infrastructure around immigration.

In a memo dated May 26 and obtained by CBS News, DHS General Counsel James Percival instructed ICE attorneys within the Office of the Principal Legal Advisor to develop “anti-fraud policies” designed for “robust enforcement” of existing federal anti-fraud law. The memo said that any effort “should include enforcement against immigration attorneys filing false asylum claims in immigration court.”

While the directive does not create new penalties, it signals that ICE lawyers will begin to use existing administrative enforcement tools more frequently to crack down not only against migrants accused of submitting fraudulent applications, but also against the lawyers who represent them.

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The sweeping directive asserted that asylum claims are meant for “unique and narrow circumstances,” but that it has become “standard practice” for immigration lawyers to argue that “virtually every illegal alien” faces persecution or torture in their home country because of a protected characteristic such as race or political opinion.

The right to seek asylum in the U.S. is broader than the right to receive it. Federal law dictates that any noncitizen who is physically present in the United States or arrives in the country, including outside a designated port of entry and regardless of status, may apply for asylum. But in order to be approved, individuals must prove that they qualify — typically by showing a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group.

The statute cited in Percival’s memo allows the government to pursue civil penalties against people accused of immigration-related document fraud, including those who knowingly prepare, file or help file applications that are false or contain false statements.

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The government could also seek a cease-and-desist order against certain targets. For attorneys, any fraud finding could be referred to disciplinary authorities and potentially lead to suspension or expulsion from practice before the immigration courts. In more serious cases, prosecutors might even consider criminal charges.

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The memo also appears to anticipate concerns about conflicts of interest, suggesting ICE must ensure that the attorney pursuing any fraud violation is appropriately separated from litigation of the underlying immigration case.

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