A May 26, 2026, memo from Department of Homeland Security General Counsel James Percival instructs Immigration and Customs Enforcement attorneys to develop “anti-fraud” policies and more aggressively pursue administrative document-fraud enforcement, including in cases involving immigration lawyers accused of filing false asylum claims, according to a copy obtained by CBS News.
The Department of Homeland Security’s top lawyer has directed Immigration and Customs Enforcement attorneys to step up administrative fraud enforcement in immigration court, including against lawyers the department alleges are filing false asylum claims.
In a memo dated May 26, 2026, DHS General Counsel James Percival instructed attorneys in ICE’s Office of the Principal Legal Advisor to develop “anti-fraud policies” aimed at “robust enforcement” of existing federal anti-fraud law, CBS News reported after obtaining the document.
CBS News said the directive points ICE lawyers to long-standing statutory authorities that allow the government to seek civil penalties in immigration-related document-fraud cases. The memo does not create new penalties, but signals an intent to use administrative enforcement tools more frequently.
Percival wrote that “millions of illegal aliens” have committed fraud in the U.S. immigration system and asserted that the problem is most rampant in immigration court, according to CBS News’ account of the memo. He also described asylum claims as intended for “unique and narrow circumstances,” while alleging it has become “standard practice” for immigration lawyers to argue that “virtually every illegal alien” faces persecution or torture in their home country.
Immigration lawyers and advocacy groups have criticized the administration’s broader posture toward immigration representation, warning that heightened scrutiny and enforcement could discourage legal counsel in asylum cases. The American Immigration Lawyers Association, in a summary of DHS’ announcement, said the department’s directive alleges attorneys “regularly coach” clients to conceal information or lie to obtain asylum.
