During the more than 500 administrative changes in immigration legal processes, immigration lawyers had recognized that President Donald Trump's government left them little or no options to defend their clients, now even the lawyers could face an investigation.

This comes after the Department of Homeland Security (DHS) issued a directive instructing Immigration and Customs Enforcement (ICE) to take additional measures against fraud cases that they suspect are fraudulent.

The directive instructs the development of anti-fraud policies on article 1324c (d) of Title 8 of the United States Code, which addresses the request for asylum and contemplates sanctions for fraud in these processes.

“As a result of this directive, ICE attorneys have greater authority to enforce this law, including taking legal action against immigration attorneys who file false asylum claims in immigration court,” DHS said in a statement.

DHS General Counsel James Percival argued that, for several years, “millions of undocumented immigrants” have committed asylum fraud.

“Protection claims, like asylum, are designed to cover unique and specific circumstances, but it is common practice for immigration attorneys representing undocumented immigrants to claim that virtually all of them will be persecuted or tortured in their country of origin,” Percival said. “Now, thanks to this directive, ICE attorneys have greater authority to enforce the law and stop abuse of our asylum system by undocumented immigrants and attorneys.”

Percival indicates that, historically, ICE has depended on the decisions of immigration judges regarding asylum decisions and the application of laws against possible fraud, but now the immigration agency will be able to do so.

According to the DHS, immigration lawyers who represent undocumented immigrants instruct them to hide their past “and even blatantly lie in their asylum applications,” which is considered fraud.

The new directive follows President Trump's March 22, 2025, memorandum, “Preventing Abuses of the Legal System and the Federal Court,” where he refers to alleged abuses by immigration attorneys.

“President Trump issued a memo noting that ‘immigration attorneys and powerful pro bono practices at big law firms often instruct their clients to hide their past or lie about their circumstances when filing their asylum claims,” the DHS says. “All in an attempt to circumvent immigration policies enacted to protect our national security and trick immigration authorities and courts into granting them undeserved relief.”