DHS Puts Immigration Lawyers on Notice Over ‘Meritless’ Asylum Claims
The Department of Homeland Security is intensifying enforcement against immigration attorneys accused of filing fraudulent or legally baseless asylum applications, warning that lawyers could face substantial financial penalties and other sanctions as the government seeks to reduce a massive backlog in the immigration court system.
DHS General Counsel James Percival issued the warning this week in a letter to the American Immigration Lawyers Association. According to figures cited by DHS, nearly 3.5 million cases were pending in immigration courts as of July, including approximately 2.3 million asylum claims. The department contends that a significant portion of those applications lack a sufficient legal basis.
Percival said that many of the applications DHS considers meritless are contributing to the enormous caseload and slowing the adjudication of claims from migrants who may qualify for asylum. The department says claims based on circumstances including generalized gang violence, domestic violence, economic hardship and broad conditions within an applicant’s home country frequently fail to satisfy the legal requirements for asylum.
DHS further alleged that some applications are being submitted for reasons unrelated to obtaining protection from persecution. According to Percival, “meritless asylum applications are filed to obtain work permits, to delay deportation, and to force a release from custody,” and applications without a reasonable factual or legal foundation “will be dealt with accordingly.”
The warning comes as the Trump administration has moved aggressively to reduce the immigration-case backlog and tighten enforcement against fraud within the asylum system. DHS has said its efforts are intended both to deter fraudulent filings and to allow legitimate asylum applications to be processed more efficiently.
The administration has also increasingly focused on the attorneys who prepare and submit immigration filings. DHS maintains that lawyers who knowingly participate in fraudulent applications can themselves face penalties rather than enforcement being limited to their clients.
That policy was demonstrated in July, when Homeland Security Investigations sought a fine of more than $470,000 against immigration attorney Suraj Raj Singh. The government alleged that Singh filed 118 fraudulent documents across 54 immigration cases, including asylum declarations that authorities said contained nearly identical language and substance. Those allegations remain government claims associated with the enforcement action.
At the time, Percival made clear that DHS intended to pursue attorneys it believes are knowingly participating in immigration fraud.
“Fraudulent asylum claims threaten the safety of the American people, undermine our immigration system, and delay the removal of dangerous criminal illegal aliens.”
“ICE is seeking a fine of more than $470,000 from attorney Suraj Raj Singh. Under President Trump and Secretary Mullin, we will hold attorneys like this accountable and put an end to the practice of defrauding and abusing our immigration system,” Percival said.
The Singh case was not the first such action. DHS previously announced that Homeland Security Investigations was seeking more than $255,000 in fines against immigration attorney Vinod Doddamani. The government alleged that Doddamani prepared and filed 64 fraudulent documents in 32 immigration cases.
Following that enforcement action, Percival issued another warning to immigration attorneys.
“Fraudulent asylum claims threaten the safety of Americans by overwhelming our burdened immigration system and delaying the removal of dangerous criminal aliens.”
Percival added: “Your days of abusing and defrauding our immigration system are over.”
Federal immigration law already contains potentially severe consequences for knowingly filing frivolous asylum applications. Under 8 U.S.C. § 1158(d)(6), an applicant who has received the required notice and is determined to have knowingly filed a frivolous asylum application can become permanently ineligible for most immigration benefits. Federal regulations also provide mechanisms for disciplining attorneys for frivolous filings and other forms of professional misconduct.
The latest DHS letter signals that the department intends to make greater use of those enforcement tools against attorneys as well as applicants. Percival warned that lawyers responsible for false or frivolous filings could face penalties and said DHS will “vigorously pursue all available remedies” in cases involving immigration fraud.
{Matzav.com}
