The Department of Homeland Security’s top lawyer has instructed Immigration and Customs Enforcement (ICE) attorneys to ramp up administrative fraud cases targeting immigration lawyers accused of filing false asylum claims, according to an internal memo obtained by CBS News.
In the memo dated May 26, DHS General Counsel James Percival directed ICE’s Office of the Principal Legal Advisor to develop “anti-fraud policies” for “robust enforcement” of existing federal laws. The directive specifically calls for action against lawyers who file fraudulent asylum applications in immigration court.
“For many years, millions of illegal aliens have committed fraud on our immigration system,” Percival wrote. “In no place is this more rampant than in immigration court.”
The memo does not create new penalties but signals a shift toward more frequent use of existing administrative tools to target not only migrants submitting false claims but also the attorneys representing them.
Penalties and Enforcement Tools
Under the statute cited in the memo, the government can impose civil penalties for immigration-related document fraud. First offenses can result in fines of up to $4,730 per fraudulent document or act, while repeat offenses can reach $11,823. The government may also seek cease-and-desist orders.
Successful cases could lead to disciplinary action against attorneys, including suspension or expulsion from practicing before immigration courts. In extreme cases, criminal charges could be pursued. Percival noted that ICE has historically relied on immigration judges and criminal prosecutions to deter fraud, but emphasized that the agency has its own administrative tools that should be used more aggressively.
The memo also addresses potential conflicts of interest, instructing ICE attorneys pursuing fraud cases to be separated from the underlying immigration litigation.
Ties to Trump Administration Priorities
The directive aligns with President Donald Trump’s broader push to speed up deportations and strengthen immigration enforcement. It references a March executive order directing the attorney general to seek sanctions against lawyers and law firms filing what the administration calls “frivolous” litigation against federal immigration policies.
“As President Trump has explained, ‘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,’” Percival wrote.
The memo also cites Trump’s January executive order on “Protecting the American People Against Invasion,” which calls for strict enforcement of immigration laws.
Reactions and Concerns
Immigration lawyers and advocacy groups have raised alarms, arguing that the administration is attempting to deter legal representation and chill asylum claims. The American Immigration Lawyers Association previously described similar Trump directives as a “dangerous” threat to the legal profession.This latest memo comes as the administration continues to focus on reducing asylum approvals and accelerating removals.