DHS issued new guidance directing ICE attorneys to more rigorously pursue fraudulent asylum claims, with a particular focus on immigration attorneys representing illegal aliens. The guidance instructs ICE attorneys within the Office of the Principal Legal Advisor (OPLA) to develop “anti-fraud policies” designed for robust enforcement of federal anti-fraud law, including aggressively issuing penalties for document fraud.
What changed
DHS issued a sweeping directive on May 26, 2026, ordering ICE attorneys to aggressively pursue immigration lawyers suspected of filing fraudulent asylum claims. The directive, authored by DHS General Counsel James Percival, instructs ICE attorneys within the Office of the Principal Legal Advisor to develop formal anti-fraud policies targeting immigration lawyers suspected of filing false asylum claims. It does not create new criminal penalties but expands the use of existing administrative enforcement tools under 8 U.S.C. § 1324c(d), the federal statute governing document fraud violations in immigration proceedings.
The memo also appears to anticipate concerns about conflicts of interest, suggesting ICE must ensure that the attorney pursuing any fraud violation is appropriately separated from litigation of the underlying immigration case. Cases brought would typically begin with a “notice of intent to fine,” and recipients can fight these allegations before an administrative law judge.
Why it matters
The memo signals a material shift in government enforcement posture that will affect how you represent asylum clients and structure case files.
Exposure to administrative action. Percival noted in the memo that 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. ICE’s administrative fraud authority under 8 U.S.C. § 1324c(d)—which you may have assumed was dormant in asylum cases—is now an active enforcement lever. The memo does not create new penalties but says that ICE lawyers will begin using administrative enforcement tools against both migrants and their lawyers.
Vagueness creates risk. The directive has drawn immediate concern from immigration attorneys and legal advocates, who argue the policy lacks the specificity needed to prevent abuse. It may have a chilling effect on the legitimate practice of immigration law. Immigration attorneys warn that the memo is vague and could create fear among attorneys who handle legitimate cases, and note that there is “a difference between a weak case, a frivolous claim, and a fraudulent claim.”
Documentation becomes critical. Because ICE attorneys will now evaluate whether opposing counsel is engaging in fraud, your file must demonstrate:
- That your client’s account is consistent across interviews and filings
- That you advised your client on the legal elements of asylum and the consequences of false statements
- That factual predicates were not coached or exaggerated to fit a legal theory
Way forward
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Review all pending asylum packets for internal consistency. Flag any discrepancies between client interviews, affidavits, and country-conditions evidence; resolve them before filing or supplementing.
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Document client advisories. Maintain contemporaneous notes showing that you explained asylum law (the definition of a “particular social group,” the burden of proof, the requirement of a well-founded fear) and warned against false or misleading statements. Consider a signed acknowledgment.
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Separate your fact gathering from your legal theory. Do not lead a client interview with “What persecution did you face?” Ask open-ended questions about what happened and why, then align the facts to the law.
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Watch for further guidance on conflict-of-interest rules. The memo requires that ICE attorneys pursuing fraud violations be separated from litigation of the underlying immigration case. Expect OPLA (Office of the Principal Legal Advisor) to clarify how that separation works in practice; consult those guidelines once published.
Disclaimer
This article is for informational purposes only and is not legal advice. Folaation is a technology company, not a law firm. Immigration law is complex and policy can change without notice. Consult a licensed immigration attorney licensed in your jurisdiction before relying on any guidance in this article. Verify all information against the DHS official announcement and the underlying memo from DHS General Counsel James Percival.