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EXCLUSIVE: DHS Cracks Down On Immigration Attorneys Who File ‘Meritless’ Asylum Claims
Daily Caller ^ | 16 Sep, 2026 | Ashley Brasfield

Posted on 09/17/2026 9:35:40 AM PDT by MtnClimber

The Department of Homeland Security (DHS) is cracking down on immigration attorneys who file what the agency calls “meritless” and fraudulent asylum claims, according to a letter obtained exclusively by the Daily Caller.

A letter from DHS General Counsel James Percival to the American Immigration Lawyers Association (AILA) argues that the immigration court system is facing a massive backlog, with nearly 3.5 million cases and 2.3 million asylum claims pending as of July 2026.

DHS attributes much of the backlog to what it calls “meritless asylum claims,” arguing that such claims can delay deportation and allow migrants to remain in the U.S. while their cases are pending.

The letter says claims involving generalized gang violence, domestic violence, economic hardship, and other country conditions often fail to meet the legal standard for asylum.

We have been abundantly clear—if immigration attorneys commit fraud for their clients, the attorneys will be fined. This week, we issued a fine notice to Suraj Raj Singh totaling over $470,000. This attorney filed 118 fraudulent documents. Before President Trump came along,…

— James Percival (@DHSGenCounsel) July 30, 2026

The department further argues that “meritless asylum applications are filed to obtain work permits, to delay deportation, and to force a release from custody,” while warning that claims without a reasonable legal or factual basis “will be dealt with accordingly.”

The department’s May 26, anti-fraud directive primarily relies on 8 U.S.C. § 1324c, which establishes penalties for document fraud.

DHS also has other mechanisms for disciplining attorneys who submit fraudulent asylum applications, including regulations that address misconduct such as frivolous filings and unethical behavior.

The letter concludes that filing a frivolous asylum application can make an individual permanently ineligible for most forms of immigration relief. It also says attorneys who file such applications are subject to penalties, warning that DHS will “vigorously pursue all available remedies” against those involved.

Federation for American Immigration Reform (FAIR) Deputy Executive Director and former Immigration Judge Matt O’Brien wrote in a statement to the Caller that existing immigration law, including 8 U.S.C. § 1158(d)(6), provides mechanisms to bar individuals from receiving certain forms of immigration relief after filing fraudulent or frivolous asylum claims.

O’Brien wrote that the law “imposes a mandatory bar on any future asylum applications once an Immigration Judge has found that an applicant filed a frivolous asylum application.”

He added that “a general finding of fraud or willful misrepresentation before USCIS or CBP results in a permanent bar on admissibility to the United States, pursuant to 8 U.S.C. § 1182(a)(6)(C)(i), for which there are very, severely limited waivers.”.....SNIP


TOPICS: Society
KEYWORDS: illegalimmigration
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1 posted on 09/17/2026 9:35:40 AM PDT by MtnClimber
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To: MtnClimber

Good!


2 posted on 09/17/2026 9:35:53 AM PDT by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
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To: MtnClimber

Should have happened 30 years ago but better late than never.


3 posted on 09/17/2026 9:38:44 AM PDT by Zathras
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To: MtnClimber

Question #1 should be “Did this ‘asylum’ seeker go to their home country for vacation?”
DENIED


4 posted on 09/17/2026 9:39:19 AM PDT by Mr. K (No consequence of repealing obamacare is worse than obamacare itself.)
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To: MtnClimber

But they clicked a button in an app!


5 posted on 09/17/2026 9:40:59 AM PDT by The Free Engineer
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To: MtnClimber

All the lawyer bums in Texas have turned into Mexican Shyster Fister Scoundrels. Their ads talk about guns to shoot the defendants as they do the Magnificent Seven “walk” with their black powah fists in the air and Mexican panther pee music playing in the background. They can get you two new homes in court for a good fender bender.


6 posted on 09/17/2026 9:41:45 AM PDT by FlingWingFlyer (Stop the genocide of the Jews by the pork chop munching Nazi DSA Muzzie Terrorists!!! NOW! )
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To: MtnClimber

A letter from DHS General Counsel James Percival to the American Immigration Lawyers Association (AILA) argues that the immigration court system is facing a massive backlog, with nearly 3.5 million cases and 2.3 million asylum claims pending as of July 2026.

DHS attributes much of the backlog to what it calls “meritless asylum claims,” arguing that such claims can delay deportation and allow migrants to remain in the U.S. while their cases are pending.

The letter says claims involving generalized gang violence, domestic violence, economic hardship, and other country conditions often fail to meet the legal standard for asylum.

We have been abundantly clear—if immigration attorneys commit fraud for their clients, the attorneys will be fined. This week, we issued a fine notice to Suraj Raj Singh totaling over $470,000. This attorney filed 118 fraudulent documents. Before President Trump came along,…


This week, we issued a fine notice to Suraj Raj Singh totaling over $470,000. This attorney filed 118 fraudulent documents.

I wonder if the rumor mill works among immigration attorney? But they may read that and think, as long as I am less that 118, I’m ok.


7 posted on 09/17/2026 10:02:54 AM PDT by PeterPrinciple ((Thinking Caps are no longer being issued, but there must be a warehouse full of them somewhere))
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To: MtnClimber

In some corners of this administration the hits just keep on coming.

This is what I voted for.


8 posted on 09/17/2026 10:05:26 AM PDT by Sequoyah101 (Opinions and belly buttons, everybody has one and they get to show them if they want to.)
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To: All

Good.

I hope they don’t just follow through on their threat, but increase the penalties. Make it really hurt.


9 posted on 09/17/2026 10:10:31 AM PDT by LegendHasIt
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To: MtnClimber

Deport the attorneys!


10 posted on 09/17/2026 10:39:30 AM PDT by rightwingintelligentsia (Democrats: The perfect party for the helpless and stupid, and those who would rule over them.)
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To: MtnClimber

How much do these human trafficking lawyers charge a fake asylum claimant? Do the coyotes get a share of the “fee” too?


11 posted on 09/17/2026 10:48:33 AM PDT by Seruzawa ("The political left is the Garden of Eden of incompetence." -Marx the Smarter (Groucho.))
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To: MtnClimber

.


12 posted on 09/17/2026 3:37:28 PM PDT by redinIllinois (Pro-life, accountant, gun-totin' Grandma - multi .issue vor in)
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