The Department of Homeland Security has introduced fresh guidance for its immigration attorneys. The guidance, obtained by Fox News Digital, instructs attorneys to dismiss asylum claims deemed legally insufficient.
Effective immediately, attorneys with U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor must seek dismissal of such asylum applications. They do so by filing motions to pretermit in immigration court. These motions request an immigration judge to deny an asylum application before a full merits hearing if found legally insufficient. Ultimately, immigration judges decide on these motions.
An ICE officer recently addressed the media at their headquarters in Washington, D.C. This guidance aims to speed up the resolution of asylum claims meeting legal standards while permitting early challenges to deficient applications in immigration court.
The directive emphasizes combating asylum fraud. There is an ongoing effort to hold accountable attorneys who contribute to fraudulent claims.
For instance, ICE is pursuing financial penalties against an immigration lawyer accused of submitting fake asylum claims. Additionally, the administration has undertaken steps to modify the asylum system further. Early this year, changes were made to streamline the process, sending some applications directly to immigration court to eliminate redundant reviews and reduce backlog.
The administration’s extended focus on fraud includes announcing policies to impose penalties on legal professionals accused of facilitating such claims. In recent months, ICE targeted a New York attorney for allegedly filing fraudulent applications, seeking nearly $500,000 in fines.
This guidance is part of the broader strategy to refine the asylum system. The Trump administration continues its effort to shape immigration enforcement and litigation strategy.
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