Full Breakdown
Trump Administration Expands Crackdown on Asylum Claims, Targeting Attorneys and Accelerating Court Hearings
5/28/2026, 5:05:03 AM
New Anti-Fraud Directive for ICE Attorneys
A May 26 memo from DHS General Counsel James Percival orders Immigration and Customs Enforcement (ICE) attorneys to develop “anti-fraud policies” that enforce existing federal document-fraud statutes against migrants and the lawyers who file asylum applications deemed false. The memo cites “millions of illegal aliens” committing fraud and asserts that “standard practice” for immigration attorneys is to claim persecution for virtually every client. Penalties can reach $4,730 for a first offense and $11,823 for subsequent violations, with possible cease-and-desist orders, disciplinary referrals, or criminal charges.
“Mega Master” Hearings Accelerate Deportations
Immigration courts have begun scheduling “mega master” hearings that group 100 + asylum seekers in a single proceeding, up from the prior 20-30 per session. The practice, first reported in Chicago, Boston, and Chelmsford, Massachusetts, is expanding to Dallas. Participants often lack legal representation; those who miss the date or appear late receive removal orders issued in absentia.
Background and Context
The directive builds on a March 2025 presidential memorandum that accused large law firms of coaching migrants to conceal facts. Earlier executive actions—including a January order titled “Protecting the American People Against Invasion”—sought to “faithfully execute immigration laws.” The administration has repeatedly cited case backlogs as justification for rapid removals, while the Executive Office for Immigration Review (EOIR) has hired 153 new immigration judges this fiscal year after firing roughly a quarter of its bench.
Key Figures and Groups
- James Percival, DHS General Counsel
- Todd Blanche, Acting Attorney General, EOIR spokesperson
- Vanessa Dojaquez-Torres, policy counsel, American Immigration Lawyers Association (AILA)
- Heather Hogan, AILA policy and practice counsel
- Victoria Slatton, immigration attorney and former DHS asylum officer
- Jennifer Bade, founder, Bade Law Group
Data and Statistics
- Anti-fraud penalties: $4,730 (first offense) to $11,823 (subsequent) per fraudulent document.
- EOIR hires: 77 judges announced in one week; total 153 this fiscal year.
- Mega master size: 100 + participants per hearing, replacing typical 20-30.
- Prior judge turnover: >100 judges dismissed in the previous year.
Official Statements and Responses
Percival’s memo frames the policy as “greater authority to enforce the law and stop the abuse of our asylum system.” AILA’s Dojaquez-Torres warned that mass hearings risk “improper notice” for unrepresented migrants. Hogan described the administration’s focus on attorney misconduct as “doubling down on an incorrect assertion” that lawyers routinely coach false claims. Blanche emphasized a commitment to “restore the rule of law” through an expanded immigration-judge corps.
Criticism and Opposition
Slatton expressed fear that the memo “intimidates attorneys” handling legitimate claims, noting the lack of clear criteria to differentiate weak from fraudulent cases. Hogan argued that most fraud originates abroad in organized criminal networks, not from U.S. lawyers. Bade called the policy “incredibly vague” and demanded specifics on enforcement mechanisms.
On-the-Ground Reports
Attorneys reported that many clients receive little or no notice of rescheduled hearings, leading to unexpected removal orders. An anonymous Texas lawyer said the strategy “anticipates that the majority will not show up,” enabling the government to claim completed cases through absentia orders.
Conflicting Reports and Gaps
The DHS memo asserts widespread fraud in immigration courts, yet attorneys cited by AILA contend that fraudulent filings are limited and that the memo conflates misrepresentation with genuine asylum claims. The directive provides no detail on how ICE will identify specific attorneys or how often the anti-fraud tools have been used historically.
Verbatim Quotes
- “For many years, millions of illegal aliens have committed fraud in our immigration system. No place is this more rampant than in immigration court,” — James Percival, DHS General Counsel
- “I fear that the whole reason for this memo going out is to intimidate attorneys like me who have legitimate claims,” — Victoria Slatton, immigration attorney
- “The major concern is that [since] this is going to be a group of people without attorneys, that they're not going to have gotten proper notice,” — Vanessa Dojaquez-Torres, AILA policy counsel
- “I think they’re conflating fraud and misrepresentation with cases that just don’t have a high likelihood of succeeding.” — Heather Hogan, AILA policy counsel
- “I would love to know what their anti-fraud policies are.” — Jennifer Bade, founder, Bade Law Group
What’s Next
ICE is expected to issue detailed anti-fraud guidelines in the coming weeks, while EOIR plans to roll out additional mega master sessions nationwide. Litigation by immigrant-rights groups and challenges to the memo’s scope are anticipated as the administration proceeds with its accelerated removal agenda.
