DHS Directs ICE to Target Immigration Lawyers for Asylum Fraud

The Department of Homeland Security’s top lawyer has directed Immigration and Customs Enforcement (ICE) attorneys to aggressively pursue administrative fraud cases against immigration lawyers accused of filing false asylum claims. This directive is part of a broader administration effort to expand enforcement, challenge existing legal infrastructure, and accelerate the removal process.

Robust Enforcement of Anti-Fraud Policies

In a memo dated May 26, DHS General Counsel James Percival instructed ICE attorneys within the Office of the Principal Legal Advisor to develop “anti-fraud policies.” These policies are intended for the “robust enforcement” of existing federal anti-fraud laws.

Percival stated that “millions of illegal aliens have committed fraud on our immigration system,” asserting that such activity is most rampant within immigration courts. The directive claims it has become “standard practice” for lawyers to argue that almost every illegal alien faces persecution or torture based on protected characteristics.

Did You Know? First-time offenses for immigration-related document fraud can cost up to $4,730 per fraudulent document or act, while subsequent offenses can reach up to $11,823 per document or act.

Financial and Professional Consequences

The government may initiate cases with a “notice of intent to fine,” which serves as a formal charging document. While recipients can contest these allegations before an administrative law judge, the potential penalties are significant.

Beyond monetary fines, the government may seek cease-and-desist orders. For legal professionals, fraud findings could be referred to disciplinary authorities, potentially leading to suspension or expulsion from practice before immigration courts. In more severe instances, prosecutors may consider criminal charges.

The government has a history of prosecuting organised schemes. Examples include a 2019 case where a Queens, New York attorney received five years in prison, and a 2021 case where a Florida man posing as an attorney was sentenced to more than 20 years.

Expert Insight: Samantha Carter notes that by shifting focus toward the legal representatives themselves, the administration is moving beyond the migrants to target the professional infrastructure that supports asylum claims. This approach creates a high-stakes environment where the risk of professional ruin may influence how lawyers approach asylum advocacy.

Alignment with Executive Directives

This move aligns with a broader administration focus on asylum advocates and large law firms. In March, the president issued a memo directing the attorney general to seek sanctions against firms bringing “frivolous, unreasonable, and vexatious litigation” against the U.S.

Immigration attorney reacts to DHS Secretary claim that 50% of visas are fraud in MN

Percival’s memo explicitly references this directive, alleging that “the immigration bar, and powerful Big Law pro bono practices, frequently coach clients to conceal their past or lie about their circumstances.”

The directive also quotes the January executive order, “Protecting the American People Against Invasion,” which mandates the faithful execution of immigration laws against removable noncitizens. Percival emphasized that ICE lawyers must “zealously guard” the court system against fraud.

Potential Industry Implications

The American Immigration Lawyers Association has labelled the March presidential memo a “dangerous” threat. Advocacy groups have warned that these actions may target lawyers specifically representing immigrants.

Moving forward, the administration may increase the frequency of administrative enforcement tools against both migrants and their legal counsel. This could potentially result in a chilling effect on asylum representation if more attorneys face disciplinary referrals or financial penalties.

ICE may further integrate document-fraud enforcement as a primary component of their overall immigration-court strategy, provided they maintain a separation between the attorneys pursuing fraud and those litigating the underlying immigration cases.

Frequently Asked Questions

What is a “notice of intent to fine”?
It is a formal charging document that informs an individual that the government believes they violated the law and may be subject to a fine.

What professional risks do immigration attorneys face under this directive?
Attorneys may face cease-and-desist orders, referral to disciplinary authorities for potential suspension or expulsion from immigration courts, and possible criminal charges in serious cases.

What is the legal basis for these penalties?
The government is utilizing a statute that allows for civil penalties against those who knowingly prepare, file, or help file immigration-related applications that are false or contain false statements.

How might these enforcement measures impact the balance of legal representation in immigration courts?