May 28, 2026: DHS Directs ICE in Crackdown on Alleged Fraudulent Asylum Claims

The Department of Homeland Security (DHS) released a memo Tuesday, telling Immigration and Customs Enforcement (ICE) to take extra action against immigration attorneys who file false asylum claims. The notice, part of President Donald Trump’s broader immigration agenda, accuses “millions of illegal aliens” of engaging in document fraud and asserts that lawyers routinely claim that clients would face persecution in order to secure protection in the United States.

General Counsel James Percival highlighted what he described as a rampant problem in immigration courts, saying attorneys routinely present the legal argument that every illegal alien will be persecuted or tortured back home. He added that the memo “gives ICE attorneys greater authority to enforce penalties for document fraud already contained in the Immigration and Nationality Act.” The memo, however, provides no specific guidance on how the new policies will be implemented or how ICE will distinguish weak claims from genuinely fraudulent ones.

Immigration advocates and attorneys caution that while some fraud does exist, it is not as widespread as the administration suggests. Victoria Slatton, an immigration attorney and former DHS asylum officer, warned that vague directives may cause attorneys to hesitate when taking on legitimate asylum seekers. Similarly, Heather Hogan, a former asylum officer and policy counsel, said fraud usually comes from organized criminal rings in migrants’ home countries, and that attorneys are already trained to avoid cases they suspect of fraud.

The memo follows several prior actions by the Trump administration that have sought to curb asylum processing. In March 2025, a presidential executive order targeted attorneys who allegedly coach clients to conceal past or lie about their circumstances. That order drew criticism for labeling the asylum program a “scam.”

Under U.S. law, asylum is a protection status for individuals who flee persecution in their home countries. Applicants must be physically present in the U.S. or at a port of entry, apply within a year of arrival, and prove either past persecution or a well‑founded fear of future persecution. The asylum process is lengthy, averaging four to six years for a case to be resolved, due largely to a backlog of over 2.3 million cases. The Trump administration’s pause on asylum decisions in late 2025, triggered by a tragic shooting involving a National Guard member, exacerbated the backlog but has since been lifted for most countries.

In the same week, the U.S. Senate approved a spending package that will fund ICE and Border Patrol for the remaining three years of the Trump administration. The $72 billion allocation includes $1.8 billion for the administration’s so‑called anti‑weaponisation fund, a measure that critics call a slush fund for political allies. The Senate vote was tightly divided along party lines, with Democrats largely opposing the package following two deadly shootings involving federal immigration officers in Minnesota, which had earlier led to a partial shutdown of the Department of Homeland Security.

Experts say the new DHS‑ICE memo and the Senate funding package work hand in hand to tighten enforcement of asylum claims while financing the agencies that carry out the crackdown. Whether the memo will address the backlog or simply streamline the removal of rejected cases remains unclear. What is certain is that the combined pressure on attorneys, immigration courts, and asylum seekers could have lasting effects on the already low approval rate for asylum applications — a figure that fell to just 7 percent in April, down sharply from the roughly 50 percent acceptance rate during President Biden’s term.

Observers argue that the broader policy shift makes it harder for individuals who genuinely need protection to navigate the asylum system, while proponents claim it is a necessary step to protect the integrity of U.S. immigration law. As the debate continues, the lives of millions who seek humanitarian relief remain in a precarious position, caught between evolving enforcement tactics and the legal protections that define asylum.