DHS directs ICE attorneys to seek early dismissal of legally deficient asylum claims

The Department of Homeland Security has rolled out new guidance instructing its immigration lawyers to move quickly to dismiss asylum cases they believe do not meet legal requirements, according to internal guidance obtained by News Outlet.

Under the policy, which takes effect immediately, attorneys in U.S. Immigration and Customs Enforcement’s Office of the Principal Legal Advisor, known as OPLA, are expected to file motions to pretermit in immigration court when they determine that an asylum application is legally deficient on its face.

A motion to pretermit asks an immigration judge to reject an asylum claim before a full merits hearing, based on the government’s argument that the application fails to satisfy the legal standard.

Immigration judges retain the final authority to decide whether those motions should be granted.

ICE SEEKS NEARLY $500K FINE AGAINST IMMIGRATION LAWYER ACCUSED OF FILING FAKE ASYLUM CLAIMS

ICE logo

A law enforcement officer walks past the ICE logo before a press conference on Thursday, May 11, 2017, at U.S. Immigration and Customs Enforcement headquarters in Washington, D.C. (Salwan Georges/The Washington Post via Getty Images)

The new asylum guidance is designed to speed up the immigration court process for claims that meet the required legal threshold, while giving government attorneys a way to challenge insufficient applications at an earlier stage.

The directive also underscores the administration’s continued emphasis on fighting asylum fraud, including efforts to hold immigration attorneys responsible when they are accused of helping advance fraudulent asylum claims.

USCIS Director Joseph Edlow testifies before the Senate Judiciary Committee

U.S. Citizenship and Immigration Services Director Joseph Edlow testifies before the Senate Judiciary Committee in Washington. The Trump administration has made a series of changes to the asylum system aimed at reducing backlogs and speeding the adjudication of claims. (Graeme Sloan/Bloomberg via Getty Images)

The policy follows a series of recent administration actions aimed at reshaping the asylum system. Earlier this year, the administration streamlined portions of the affirmative asylum process by allowing certain applications to move directly to immigration court without first undergoing asylum interviews, a change officials said would reduce duplicative reviews and help address the immigration court backlog.

The administration has also expanded its focus on asylum fraud. In recent months, ICE announced a policy allowing the agency to pursue civil penalties against attorneys accused of facilitating fraudulent asylum claims and later sought financial penalties against a New York immigration attorney accused of filing fraudulent asylum applications.

U.S. Department of Justice building in Washington, D.C., on Aug. 17, 2026

The U.S. Department of Justice building in Washington, D.C., on Aug. 17, 2026. (Anna Moneymaker/Getty Images)

The latest guidance extends that broader effort into immigration court litigation by directing government attorneys to challenge asylum claims they believe do not satisfy the legal requirements before those cases proceed to full evidentiary hearings.

The policy marks another step in the Trump administration’s broader effort to tighten the asylum system through changes to immigration enforcement and litigation strategy.

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

LA mayor-elect Nithya Raman eyes Rick Cole to help tackle city crises

LA Mayor-Elect Nithya Raman Eyes Rick Cole to Tackle City Crises

Los Angeles Mayor-elect Nithya Raman is turning to longtime City Hall figures…
Clash in the castle: Medieval Times dinner theater insiders allege animal cruelty, sexual harassment

Medieval Times Insiders Allege Animal Cruelty, Sexual Harassment

For 43 years, performers at Medieval Times Dinner & Tournament venues across…
Abdul El-Sayed's pattern of heated exchanges with reporters draws further scrutiny after latest meltdown

Michigan Democrat Abdul El-Sayed Faces Scrutiny Over Reporter Clashes

Senator-elect Abdul El-Sayed, D-Mich., went viral this week after a heated encounter…
Oil-rich UAE makes massive AI bet as Sam Altman unveils ambitious plan to transform energy industry

UAE Backs Major AI Push as Sam Altman Unveils Plan to Transform the Energy Industry

Artificial intelligence shared the spotlight with oil and gas at the opening…
Ex-MIT professor wins $6M after sex claims wrecked career, accuser joked about ‘#hetoo’

Former MIT Professor Wins $6M After Sex Allegations Upend Career

A Massachusetts jury has awarded former MIT biologist Dr. David Sabatini $6…
Pete Hegseth claps back at foes demanding his impeachment after midterm romp

Pete Hegseth Fires Back at Calls for Impeachment After Midterm Victory

WASHINGTON — Secretary of War Pete Hegseth is pushing back forcefully against…
Girl, 10, abused in 'dungeon' as step mom charged with her murder: cops

Girl, 10, Abused in ‘Dungeon’ as Stepmother Faces Murder Charge

The foster mom of a 10-year-old girl who vanished weeks ago is…
Video shows high-altitude rescue of hiker who fell hundreds of feet down Utah's Mount Timpanogos

Video Shows Dramatic High-Altitude Rescue of Hiker Who Fell Hundreds of Feet on Utah’s Mount Timpanogos

Utah officials have released striking video of a high-altitude rescue involving a…
John Jay Rockefeller, heir to famed dynasty, dead at 89

John Jay Rockefeller, Heir to Rockefeller Dynasty, Dies at 89

WASHINGTON — John D. “Jay” Rockefeller IV, an heir to one of…
Retired NYPD inspector, Marine vet known as 'American hero,' dies at 79

Retired NYPD Inspector and Marine Veteran Hailed as ‘American Hero’ Dies at 79

Retired NYPD Inspector Charles Wells, hailed as an “American hero,” has died…
Top Justice Department official asks Minnesota judges to step aside from immigration cases

Three Allegedly Used AI to Steal $129M as Executives, Lawyers

New York — Three people accused of using artificial intelligence to impersonate…
Shocking moment college athlete shot by Oregon cops -- after they mistook him for his knife-wielding, drug-addled brother

Oregon College Athlete Shot by Police in Brother Mix-Up

A college lacrosse player was allegedly being held at knifepoint when police…