DHS orders ICE lawyers to target false asylum claim fraud

The Department of Homeland Security has directed its immigration enforcement attorneys to more aggressively pursue fraud cases against lawyers accused of filing false asylum claims, marking a significant escalation in the administration’s efforts to police the legal system surrounding immigration.

In a memorandum dated May 26, DHS General Counsel James Percival instructed attorneys within Immigration and Customs Enforcement’s Office of the Principal Legal Advisor to develop anti-fraud policies for the robust enforcement of existing federal laws. The directive explicitly states that enforcement efforts should include action against immigration attorneys filing false asylum claims in immigration court.

While the memo does not create new penalties, it signals that ICE lawyers will begin using existing administrative enforcement tools more frequently. These tools allow the government to pursue civil fines against individuals accused of immigration-related document fraud, including those who knowingly prepare or help file applications containing false statements. First offenses can result in fines of up to $4,730 per fraudulent document or act, with higher penalties for subsequent...