In this 2023 photo, a Honduran migrant is overcome with emotion as he describes the extortion and threats that he says drove him and his partner to flee Honduras with their child. Fraudulent asylum claims are rare, but the Trump administration has issued a new directive targeting lawyers who file false claims. (Photo by Corrie Boudreaux for Source NM)
In its latest effort to narrow pathways to immigration to the United States, the Trump administration says it will crack down on attorneys who file fraudulent asylum claims for their clients.
The U.S. has long granted asylum to people who are unable or unwilling to return to their home countries because they have been persecuted, or fear persecution, based on their race, religion, nationality, social group or political opinions.
In a directive it issued on Tuesday, the U.S. Department of Homeland Security instructed U.S. Immigration and Customs Enforcement to develop anti-fraud policies and to take action against immigration attorneys who file false asylum claims in an immigration court.
James Percival, Homeland Security’s general counsel, said “it is standard practice for immigration attorneys representing illegal aliens to assert that virtually every illegal alien is going to be persecuted or tortured in his or her 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,” Percival said in a statement. “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.”
The limited available data suggests that asylum fraud is extremely rare. A 2015 report by the Government Accountability Office found that as asylum applications increased during the early 2010s, the terminations of asylum status due to discovered fraud declined, from 103 in 2010 to 34 in 2014.
U.S. Citizenship and Immigration Services granted asylum to a total of 76,122 people during that period and terminated asylum status for 374 of them because of fraud.
The administration’s new anti-fraud directive comes one month after a federal appeals court struck down an executive order by President Donald Trump that sought to close the U.S. border to asylum-seekers.
A panel of the District of Columbia U.S. Circuit Court of Appeals ruled that Trump’s executive order, which he issued on the first day of his second term, and subsequent administration guidance to turn back asylum-seekers without a court hearing were “unlawful” and “cast aside federal laws affording individuals the right to apply and be considered for asylum.”
Stateline reporter Shalina Chatlani can be reached at schatlani@stateline.org.
This story was originally produced by Stateline, which is part of States Newsroom, a nonprofit news network which includes Alabama Reflector, and is supported by grants and a coalition of donors as a 501c(3) public charity.
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Author: Shalina Chatlani