A new memo from DHS General Counsel James Percival instructs ICE attorneys within the Office of the Principal Legal Advisor to establish anti-fraud policies, including targeting immigration attorneys who file false asylum claims in immigration court.
- The memo claims that immigration lawyers argue that almost “every illegal alien” faces persecution or torture in their home country.
- The memo does not create new penalties but says that ICE lawyers will begin using administrative enforcement tools against both migrants and their lawyers.
- The memo indicates that ICE must ensure that the ICE attorney pursuing the fraud violations is not involved in the litigation in the underlying immigration case.
Go deeper
Cases brought would typically begin with a “notice of intent to fine,” and recipients can fight these allegations before an administrative law judge.
- Successful penalties can cost up to $4,730 per fraudulent document or act for first offenses, and up to $11,823 for subsequent offenses.
- The Trump administration could also seek a cease-and-desist order and could refer them to disciplinary authorities, leading to suspension or expulsion from practicing in the immigration courts.
- More serious cases could lead to criminal charges.
Background
The policy builds on a 2025 presidential memo accusing immigration attorneys of coaching migrants to conceal information or lie to obtain asylum protections.
Why it matters
Immigration attorneys warn that the memo is vague and could create fear among attorneys who handle legitimate cases, and note that there is “a difference between a weak case, a frivolous claim, and a fraudulent claim.”
Erickson Insights and Analysis
Erickson Immigration Group will continue monitoring developments and sharing updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or if you have case-specific questions.