Trump Is Systematically Dismantling the Immigration Court System |
On May 26, Department of Homeland Security General Counsel James Percival issued a memo directing Immigration and Customs Enforcement, or ICE, attorneys within the Office of the Principal Legal Advisor to develop “anti-fraud policies” designed for “robust enforcement.” This effort “should include enforcement against immigration attorneys filing false asylum claims in immigration courts.”
In a press release, Percival further added: “Protection claims like asylum are intended to cover unique and narrow circumstances, but it is standard practice for immigration attorneys representing illegal aliens to assert that virtually every illegal alien is going to be persecuted or tortured in his or her home country. Historically, ICE has depended on the discipline of immigration judges and the enforcement of criminal fraud laws to deter this conduct, but ICE has its own tools. Now, thanks to this directive, ICE attorneys have greater authority to enforce the law and stop the abuse of our asylum system by illegal aliens and attorneys.”
Despite these accusations, however, there is no evidence of widespread asylum fraud occurring. As the National Immigration Forum explains, there are two departments responsible for adjudicating asylum cases: the US Citizenship and Immigration Services (USCIS) and the Executive Office of Immigration Review (EOIR). While each department has a dedicated fraud detection and prevention division, neither releases regular data on the number of cases terminated or investigated for fraud.
What limited data is available does not support the Trump administration’s case whatsoever. For instance, according to a 2015 Government Accountability Office (GAO) report, “The number of USCIS asylum terminations for fraud has decreased in recent years, from 103 in fiscal year 2010 to 34 in fiscal year 2014.” During that span, USCIS terminated asylum for a total of 374 individuals due to fraud, while granting asylum to 76,122 individuals.
Going after immigration attorneys is another step toward dismantling the immigration court system and stripping noncitizens of any legal protection.
The Catholic Legal Immigration Network reports that USCIS issued 892 Notices of Intent to Terminate (NOITs) asylum status between 2009 and 2020, according to data they obtained through a Freedom of Information Act (FOIA) request. Of those issued NOITs, Notices of Continuation of Status were granted in 231 cases. Only 562 cases were terminated due to “fraud in the application.”
It is also worth noting that most asylum requests are denied. This does not mean, however, that those people did not have a legitimate fear of being persecuted or harmed in their home country. Because of regulations imposed by the Trump administration and other precedents, it is incredibly difficult for those fleeing domestic abuse, gender-based violence, police violence, and gang violence to win asylum. Even cases that would have been approved in the past are now ending with deportation orders.
What is occurring here is simply another instance of President Donald Trump weaponizing allegations of fraud to target and undermine an institution he dislikes. Whether it’s elections, Medicaid, Social Security, Supplemental Nutrition Assistance Program, Democrat-run cities, or immigration, Trump insists, without evidence, that widespread fraud is occurring at unprecedented levels. That baseless accusation then becomes the pretext for a wildly illegal abuse of power. All the while, the actual rampant fraud being committed by the Trump administration is swept under the rug.
Going after immigration attorneys is another step toward dismantling the immigration court system and stripping noncitizens of any legal protection.
Already in the past year, Trump has fired over 100 immigration judges out of roughly 750 that were in place when he returned to power. The majority of those fired were appointed under Democratic administrations, had previously worked as attorneys defending immigrants, and granted asylum at higher rates than those who kept their jobs (46% compared with 15%). The administration’s new hires, by contrast, have granted asylum in approximately 6% of cases.
Notably, in August 2025, the Department of Justice (DOJ) issued a rule allowing “any attorney,” including those with no prior experience in immigration law, to serve as temporary immigration judges. The same week, the Pentagon authorized 600 military lawyers to serve six-month terms as........