The U.S. Department of Homeland Security issued a new directive ordering U.S. Immigration and Customs Enforcement to expand enforcement efforts against fraudulent asylum claims.
DHS announced the directive on May 26, saying it instructed ICE to develop anti-fraud policies that strengthen enforcement of 8 U.S.C. § 1324c(d), a federal statute that establishes penalties for document fraud.
ICE Attorneys Gain New Authority
Under the directive, DHS said ICE attorneys will have greater authority to pursue enforcement actions, including against immigration attorneys who file false asylum claims in immigration court.
“For many years, millions of illegal aliens have committed fraud in our immigration system. No place is this more rampant than in immigration court,” DHS General Counsel James Percival said.
Percival said asylum and other protection claims are meant for “unique and narrow circumstances,” but claimed immigration attorneys representing illegal aliens often argue that their clients face persecution or torture in their home countries.
“Historically, ICE has depended on the discipline of immigration judges and the enforcement of criminal fraud laws to deter this conduct, but ICE has its own tools,” Percival said. “Now, thanks to this directive, ICE attorneys have greater authority to enforce the law and stop the abuse of our asylum system by illegal aliens and attorneys.”
Trump Memo Targeted Legal System Abuse
DHS framed the directive as part of President Donald Trump’s broader effort to restore integrity to the immigration system.
In a March 2025 memorandum, Trump directed the attorney general and the secretary of homeland security to prioritize enforcement of regulations governing attorney conduct and discipline.
The memorandum specifically accused parts of the immigration bar and “powerful Big Law pro bono practices” of coaching clients to “conceal their past or lie about their circumstances” when asserting asylum claims.
Trump also directed the attorney general to seek sanctions against attorneys and law firms that engage in “frivolous, unreasonable, and vexatious litigation” against the United States or in matters before federal departments and agencies.
DHS said the latest directive builds on that policy by giving ICE attorneys additional tools to address what the department described as abuse of the asylum process.
