DHS General Counsel Directs ICE to Pursue Fraud Cases Against Immigration Lawyers

A May 26 memo from the Department of Homeland Security's top lawyer directs Immigration and Customs Enforcement attorneys to develop anti-fraud policies and increase enforcement against immigration lawyers accused of submitting false asylum claims. The memo, obtained by CBS News, states that asylum claims are intended for "unique and narrow circumstances" but have become "standard practice" for lawyers to argue that "virtually every illegal alien" faces persecution.

Under the cited statute, the government may issue a notice of intent to fine. First offenses carry civil penalties up to $4,730 per fraudulent document; subsequent offenses reach $11,823 per document. Recipients may contest the allegations before an administrative law judge. Successful findings can also prompt cease-and-desist orders and referral of attorneys to disciplinary bodies.

Federal prosecutors have previously brought criminal cases involving organized asylum fraud. In 2023, attorneys in New York City pleaded guilty to preparing fraudulent applications and coaching clients to lie under oath. In 2021, a Florida man posing as an immigration attorney received a sentence of more than 20 years after filing hundreds of fraudulent asylum applications.

The memo notes that ICE must separate attorneys handling fraud cases from those litigating the underlying immigration matters.