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

LAUSD high school horror as knife-wielding student attacks another, sending screaming kids fleeing

LAUSD Student Knife Attack Sparks Panic at High School Campus

Students ran in panic at a Los Angeles school campus Monday after…
House rejects GOP constitutional amendment to limit Supreme Court to 9 justices

House Rejects GOP Constitutional Amendment to Cap Supreme Court at Nine Justices

Washington — A Republican-backed effort to amend the Constitution and permanently cap…
Popular Southern California BBQ joint closing after 75 years

Beloved Southern California BBQ Restaurant Closing After 75 Years in Business

A longtime Southern California barbecue favorite has closed its Bellflower restaurant, ending…
Suburban Illinois boy dies in suspected domestic homicide as neighbors fear another Lindsay Clancy case

Illinois Boy Dies in Suspected Domestic Homicide, Stirring Lindsay Clancy Fears

A 2-year-old boy died Tuesday after police responded to a home in…
U.S. forces sank a vessel in the Eastern Pacific after safely removing those aboard, according to U.S. Southern Command.

US Military Boards, Sinks Vessel Allegedly Aiding Los Choneros

The U.S. military intercepted and sank a vessel in the Eastern Pacific…
15 people rushed to hospital after possible 'chemical exposure' triggers chaotic scene at Iowa prison

15 Hospitalized After Possible Chemical Exposure Sparks Emergency at Iowa Prison

At least 15 people were taken to hospitals Wednesday after authorities reported…
Tyler Robinson defense attorney should be ‘embarrassed’ for attacking Charlie Kirk as full of hate: lawyer

Lawyer Criticizes Tyler Robinson Defense Attorney Over Charlie Kirk Hate Allegation

PROVO, Utah — The attorney representing accused Charlie Kirk killer Tyler Robinson…
Lindsay Clancy verdict still within reach – retired Massachusetts judge pushes back on hung-jury predictions

Lindsay Clancy Retrial May Hinge on Social Media Evidence That Could Aid Defense, Retired Judge Says

As jurors in Lindsay Clancy’s murder trial told the court for a…
New York City Public Schools banning AI use through middle school starting this year

NYC Public Schools Ban AI Use Through Middle School

NEW YORK — New York City Public Schools will bar more than…
Lionel Richie hospitalized after St. Louis show in latest health concern

Lionel Richie Hospitalized After St. Louis Show, Raising Concern

Lionel Richie sought medical attention over the weekend after performing in St.…
Pabst Blue Ribbon offers $20,000 reward to recover stolen beer

Pabst Blue Ribbon Offers $20,000 Reward for Return of Stolen Beer

Pabst Blue Ribbon is trying to track down a major missing beer…
US military boards, searches and sinks vessel allegedly supporting Los Choneros narco-terrorists

US Military Sinks Vessel Allegedly Aiding Los Choneros Narcos

The U.S. military intercepted and sank a vessel in the Eastern Pacific…