DHS' top lawyer threatens penalties for attorneys clogging asylum system
The Department of Homeland Security fired off a warning shot to a major consortium of immigration attorneys as the Trump administration cracks down on fraudulent asylum claims while seeking to roll back the Biden administration's open-border policies.
The warning letter marks an escalation in DHS' tactic of targeting illegal immigrants and problematic asylum seekers or green-card holders by also targeting the attorneys who represent them and seek to help them remain in the U.S.
"Asylum offers protection to aliens who have fled their countries due to persecution by the government on account of a protected ground," James Percival warned the American Immigration Lawyers Association (AILA) on Wednesday.
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"To be eligible for asylum, an alien must show that he is a ‘refugee’ as defined in 8 U.S.C. § 1101(a)(42)(A), meaning that he is unable or unwilling to return to his country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."
Percival said asylum is discretionary and not guaranteed for someone who believes they are being targeted in their home country, even if they meet the eligibility requirements.
"We have been abundantly clear: If immigration attorneys commit fraud for their clients, the attorneys will be fined," Percival told Fox News Digital on Thursday.
He warned of a growing backlog of asylum cases clogging up the immigration court system and warned AILA against exacerbating it, should they then face consequences.
"Filing a frivolous asylum application generally renders an alien permanently ineligible for most forms of relief and other immigration benefits ... The Department will vigorously pursue all available remedies against anyone engaging in this conduct," Percival warned in his letter.
"We must restore order and accountability to our immigration framework now, or we risk dismantling the humanitarian safety net for those who need it most."
In 2025, AILA previously criticized President Donald Trump after he raised concerns over "rampant fraud and meritless claims" in a directive to DHS and the DOJ.
AILA officials called the missive "chilling" and rejected that their members are engaged in frivolous litigation or conduct.
Fox News Digital reached out to AILA for further comment.
Percival wrote Wednesday that an asylee’s persecution must be committed by a "state actor" to be considered by the U.S. system, while adding that private actions against an asylee are potentially valid when that person’s government acts in a way unwilling to confront the persecution.
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But he said that carve-out is a high bar, appearing to take a shot at Illinois leaders over the state's persistent crime problems.
"[T]his requires an extraordinary showing, as residents of crime-ridden cities like Chicago could easily claim that the government is unwilling or unable to control private actors. To meet the high legal threshold of the government being ‘unable or unwilling’ to control the non-state actor, the alien must establish that the home government has fundamentally breached its basic duty of protection to its citizens," Percival said.
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With many of the border-crossers in recent years coming from Central and South America, Percival indicated that conditions in most Western Hemisphere countries are not extreme enough to warrant a legitimate basis for entry into the U.S. under current policy.
"Recent trends show that individuals who illegally migrate within the Western Hemisphere generally do so not because they seek a safe haven from persecution but instead primarily due to a variety of non-humanitarian factors, including economic incentives and misinformation about migration policies," he said.
He said many such meritless claims are filed to either stifle the ability for the feds to deport them or to secure grounds on which to obtain work permits.
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"Claims that lack a reasonable legal or factual basis and claims filed with an improper motive are improper and will be dealt with accordingly," he said.
The warning comes as the Trump administration, more broadly, is conducting nationwide crackdowns on multiple forms of alleged fraud beyond illegitimate asylum claims, including social services fraud, election fraud and other areas.