DHS Memo Orders ICE Lawyers To Intensify Asylum-Fraud Enforcement
On May 26, 2026, DHS General Counsel James Percival ordered ICE attorneys to intensify enforcement of asylum-related fraud and to draft anti-fraud policies covering migrants and immigration lawyers.[1]
The memo directs ICE to use an existing civil statute that begins with a notice of intent to fine.[1] It says penalties can reach $4,730 for a first offense and $11,823 for subsequent offenses per fraudulent document or act.[1] Attorneys found to have committed fraud could be referred to disciplinary authorities and face suspension or expulsion from practice before immigration courts.[1]
Percival wrote that ICE has long leaned on immigration-judge discipline rather than on this administrative fine process.[1] He said the department now wants a more aggressive use of the statute and other enforcement tools.[1]
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📌 Key Facts
- On May 26, 2026, DHS General Counsel James Percival issued a memo directing ICE attorneys to develop anti-fraud policies for robust enforcement in asylum-related cases.
- The memo says enforcement should include immigration attorneys accused of filing false asylum claims, not just migrants.
- ICE will rely on an existing civil statute allowing fines starting with a 'notice of intent to fine,' with penalties up to $4,730 per first offense and $11,823 per subsequent offense per fraudulent document or act.
- Attorneys found to have committed fraud could face referrals to disciplinary authorities and potential suspension or expulsion from practice before immigration courts.
- Percival wrote that ICE has historically depended on immigration-judge discipline and has not used this administrative statute as aggressively as DHS leadership now wants.
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