Exclusive Report: The Department of Homeland Security (DHS) has introduced new guidelines for immigration attorneys. These directives instruct attorneys to seek early dismissal of asylum claims deemed legally insufficient. This guidance was obtained by Fox News Digital.
Effective immediately, attorneys within U.S. Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) are directed to seek dismissal of asylum applications that fail to meet legal standards. They will file motions to pretermit in immigration court. A motion to pretermit requests the denial of an asylum application before a full merits hearing, arguing that the application is legally lacking. Immigration judges have the final say in granting such motions.
ICE is pursuing a $500,000 penalty against an immigration lawyer accused of filing fraudulent asylum claims.
The introduction of this guidance serves to streamline the adjudication process for asylum claims that meet legal requirements. It allows the government to address deficient applications earlier in the immigration court process. This directive is part of efforts to combat asylum fraud, holding attorneys accountable for fraudulent claims.
The policy is an extension of several actions by the administration to reform the asylum process. Earlier in the year, changes were made to the affirmative asylum process, directing certain applications straight to immigration court, bypassing initial interviews. This aims to minimize redundant reviews and help reduce the immigration court backlog.
The administration is also focusing on asylum fraud prevention. Recently, ICE implemented policies to impose civil penalties against attorneys involved in fraudulent asylum claims. Financial penalties have been pursued against a New York immigration attorney for alleged fraudulent filings.
The new guidance is part of the ongoing effort by the Trump administration to refine the asylum system through changes in immigration enforcement and litigation strategies.
Brittany Miller, a Fox News Digital breaking news writer, reports on these developments.
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