New Directive from DHS
The Department of Homeland Security (DHS) has released new guidance instructing immigration attorneys to seek early dismissal of asylum claims deemed legally insufficient. This information comes from internal guidance obtained by Fox News Digital.
Immediate Actions for Immigration Attorneys
Effective immediately, U.S. Immigration and Customs Enforcement (ICE) attorneys with the Office of the Principal Legal Advisor (OPLA) will aim to dismiss asylum applications failing to meet legal standards. They will do this by filing motions to pretermit in immigration court, which request an immigration judge to deny an application due to its legal inadequacy.
The motion to pretermit asks for a denial before a full merits hearing, based on the government’s assessment of the application’s legal insufficiency.
Immigration judges make the final decision on such motions.
Focus on Asylum Fraud
This guideline is set to expedite the adjudication of qualifying asylum claims and enables the government to challenge inadequate applications faster in the court process. Additionally, the directive supports the administration’s commitment to combating asylum fraud, including efforts to hold attorneys accountable for facilitating false claims.
Recent Asylum System Changes
The Trump administration has introduced several changes to reform the asylum system, aiming to reduce backlogs and accelerate claims processing. Earlier adjustments allowed parts of the affirmative asylum process to skip initial interviews and proceed directly to immigration court, a change expected to minimize redundant reviews and alleviate court backlog.
Efforts against asylum fraud have intensified, as ICE unveiled policy measures allowing civil penalties against attorneys facilitating fraudulent claims. Furthermore, ICE pursued financial penalties against a New York attorney accused of filing fake applications.
Litigation Strategy Extension
The newest guidance instructs government attorneys to contest asylum claims considered legally deficient before advancing to full evidentiary hearings. This is part of a broader Trump administration initiative to strengthen asylum regulations through enforcement and litigation strategies.
Note: Brittany Miller, a Fox News Digital breaking news writer, provided this report. She is a former Independent reporter and graduated from Syracuse University in 2023.