The DHS has ordered ICE to impose fines and severe sanctions against immigration attorneys who file fraudulent asylum cases. Learn the details of this new directive.
In a move that intensifies scrutiny over the immigration court system, the Department of Homeland Security (DHS) has instructed attorneys from U.S. Immigration and Customs Enforcement (ICE) to aggressively pursue immigration lawyers accused of submitting false asylum applications.
According to an internal memo dated May 26, 2026, issued by DHS Principal Legal Advisor James Percival, the agency will implement new policies for “strict enforcement” of existing federal anti-fraud laws.
The directive states that efforts must include direct action against legal representatives who instruct their clients to lie or withhold information in court.
Severe Penalties for Offenders
While the memo does not create new laws, it signals a drastic shift in ICE’s strategy: the agency will no longer rely solely on immigration judges or criminal prosecutors to penalize such conduct and will begin using its own administrative tools.
Attorneys and preparers who submit fraudulent documents face:
- Civil fines: Up to $4,730 for each false document in a first offense, and up to $11,823 for repeat violations.
- Cease orders: Legal actions to prevent them from continuing to operate.
- Professional suspension: Fraud findings will be referred to disciplinary authorities, which could result in permanent disbarment from practicing in immigration courts.
- Criminal charges: In cases involving organized schemes, prosecutors may seek prison sentences.
The Context Behind the Directive
In the document, Percival directly referenced prior instructions from President Donald Trump, accusing certain sectors of the immigration bar of “coaching” clients to exaggerate their asylum claims.
Meanwhile, the American Immigration Lawyers Association (AILA) and various civil rights groups have warned that these measures pose a “dangerous” threat to the legal profession and fear the administration is intimidating those who legitimately defend vulnerable populations.
What This Means for the Immigrant Community
For asylum seekers, this new ICE stance underscores the critical importance of honesty and proper legal representation.
- Avoid “notarios”: Make sure to hire a licensed and reputable immigration attorney. Unauthorized preparers who promise to “guarantee” asylum often commit fraud that ultimately harms the applicant.
- Truth is non-negotiable: Submitting fabricated stories, falsified documents, or exaggerating conditions in the country of origin will not only jeopardize the attorney’s license but will result in immediate deportation and a permanent ban on receiving immigration benefits for the applicant.
Image attlaw.com
