The U.S. Department of Homeland Security (DHS) has informed a major association of immigration attorneys that it is cracking down on fraudulent asylum claims that are trying to game the system.
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Breitbart reports that DHS General Counsel James Percival posted a warning last week to immigration lawyers that most of these asylum claims are “meritless” and said that these fake claims are clogging the system and preventing legitimate asylum seekers from getting the relief they need.
In a letter, Percival warned members of the American Immigration Lawyers Association (AILA) that”Asylum offers protection to aliens who have fled their countries due to persecution by the government on account of a protected ground,” according to Fox News.
This week, I wrote a letter to open borders immigration lawyers. Most countries in the Western Hemisphere simply lack conditions supporting asylum claims. Abuse of our immigration system must stop. https://t.co/5y2KvD5zTV pic.twitter.com/YG1LbE8Q0R
— James Percival (@DHSGenCounsel) September 16, 2026
Percival explained that the “meritless asylum applications are filed to obtain work permits, to delay deportation, and to force a release from custody,” instead of attaining life-saving asylum for migrants attempting to escape perilous conditions.
According to Breitbart, Percival also warned immigration attorneys that the meritless claims “will be dealt with accordingly.”
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The DHS letter states:
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.
Last week’s 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., Fox News reports.
Historically, the government has relied on criminal fraud charges or immigration judge discipline, but DHS is now actively utilizing administrative civil fines against attorneys it accuses of filing repetitive, fabricated, or copy-and-paste persecution narratives, according to ABC News.
The DHS letter reminded immigration attorneys that 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.
Percival told Fox News Digital on Thursday, “We have been abundantly clear: If immigration attorneys commit fraud for their clients, the attorneys will be fined.”
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