The Trump administration has launched a crackdown on what it describes as rampant fraud in the US asylum system. Hundreds of migrants enter the United States and claim asylum, citing torture in their home countries. They are often represented by lawyers who coach them on how to lie about their past to gain protection. The US Immigration and Customs Enforcement (ICE) has been directed to use its own attorneys to combat these fraudulent claims.
Directive Targets Immigration Attorney Misconduct
James Percival, General Counsel of the Department of Homeland Security (DHS), stated, "For many years, millions of illegal aliens have committed fraud in our immigration system. No place is this more rampant than in immigration court." He emphasized that asylum is intended for unique and narrow circumstances, but it has become standard practice for immigration attorneys to assert that virtually every illegal alien faces persecution or torture in their home country. "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," Percival added.
Presidential Memorandum on Asylum Fraud
In March 2025, President Trump issued a memorandum highlighting that "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, all in an attempt to circumvent immigration policies enacted to protect our national security and deceive the immigration authorities and courts into granting them undeserved relief." The memo directed that enforcement efforts should include action against immigration attorneys filing false asylum claims in immigration court.
Under federal law, any noncitizen physically present in the United States or arriving at a port of entry, even outside designated points, may apply for asylum. However, approval requires proving a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The administration argues that the current system is being abused by those who do not meet these criteria.
