DHS Issues New Directive to Stop Abuse of US Asylum System by Illegal Immigrants, Attorneys

The Department of Homeland Security (DHS) has issued a new directive to Immigration and Customs Enforcement (ICE), empowering the agency to crack down on attorneys who commit fraud while seeking asylum for illegal immigrants.

ICE has been asked to develop anti-fraud policies to further implement Title 8, Section 1324c(d) of the U.S. Code, a law related to document fraud violations, DHS said in a May 26 statement.

According to DHS, immigration attorneys who represent illegal immigrants “frequently coach” clients to hide their past and lie in their asylum claims. Under the new directive, ICE attorneys can initiate enforcement actions against immigration lawyers who file false asylum claims in immigration courts.

DHS General Counsel James Percival said that for many years, millions of illegal immigrants have committed fraud to take advantage of America’s immigration system.

“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,” Percival said.

“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. 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.”

DHS cited a March 2025 presidential memorandum issued by President Donald Trump—Preventing Abuses of the Legal System and the Federal Court—which cited “rampant fraud and meritless claims” in the country’s immigration system.

When attorneys coach illegal immigrants to conceal their past or lie about their circumstances when asserting asylum claims, it places an “enormous burden” on the federal government because the administration has to gather the necessary information to refute these fraudulent claims, according to the memorandum.

The American Immigration Lawyers Association (AILA) criticized Trump’s memorandum in a March 22, 2025, statement, rejecting allegations of fraud being committed by immigration attorneys.

This is a “chilling directive” to act against America’s immigration attorneys, law firms, and the immigration bar, the association said.

AILA President Kelli Stump at the time criticized the administration’s claim as “not only misleading but dangerous.”

“It seeks to delegitimize the work of resolute professionals who ensure that immigrants—many of whom are fleeing persecution and are contributing to their new communities—have access to fair legal representation,” Stump said.

According to data from the Department of Justice, there were a total of 877,711 asylum applications filed during fiscal year 2025. By the end of the year, more than 2.48 million applications remained pending.

Authorities made decisions on 267,670 asylum cases in total last year, out of which 26,590 applications were approved.

According to an October 2024 report from the Office of Homeland Security Statistics, the nationalities granted the highest number of asylums in 2023 were from Afghanistan, China, and Venezuela.