“Immigration attorneys representing illegal aliens frequently coach their clients to conceal their past and even outright lie in their asylum claims,” DHS said in a May 26 press release.
The directive instructs ICE attorneys to develop anti-fraud policies that will further enforce 8 U.S.C. § 1324c(d), a long-standing federal law imposing penalties for immigration-related document fraud.
“As a result of this directive, ICE attorneys have greater authority to enforce this law, including enforcement actions against immigration attorneys who file false asylum claims in an immigration court,” DHS said.
DHS General Counsel James Percival said the directive expands ICE’s use of existing enforcement tools against foreigners and attorneys accused of abusing the asylum system.
“For many years, millions of illegal aliens have committed fraud in our immigration system. No place is this more rampant than in immigration court,” Percival said in the release.
“Protection claims like asylum are intended to cover unique and narrow circumstances, but it is standard practice for immigration attorneys representing illegal aliens to assert that virtually every illegal alien is going to be persecuted or tortured in his or her home country,” he added.
Percival said ICE has historically “depended on the discipline of immigration judges and the enforcement of criminal fraud laws to deter this conduct,” but added that the directive gives ICE attorneys “greater authority to enforce the law and stop the abuse of our asylum system by illegal aliens and attorneys.”
To receive asylum, applicants must demonstrate persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Federal law also imposes penalties for filing frivolous asylum applications. Under 8 U.S.C. §1158(d)(6), a foreigner found to have submitted a frivolous asylum application can be permanently barred from immigration benefits under the Immigration and Nationality Act.
The directive follows broader immigration enforcement actions by the Trump administration aimed at “restoring integrity to our immigration system,” according to DHS.
DHS also linked the new directive to a March 2025 memorandum issued by President Donald Trump.
According to the department, the 2025 memorandum stated that “the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances when asserting their asylum claims.”