DHS Cracks Down On Immigration Attorneys Who File ‘Meritless’ Asylum Claims

By Ashley Brasfield

The Department of Homeland Security (DHS) is cracking down on immigration attorneys who file what the agency calls “meritless” and fraudulent asylum claims, according to a letter obtained exclusively by the Daily Caller.

A letter from DHS General Counsel James Percival to the American Immigration Lawyers Association (AILA) argues that the immigration court system is facing a massive backlog, with nearly 3.5 million cases and 2.3 million asylum claims pending as of July 2026. (RELATED: EXCLUSIVE: Noncitizen Arrested After Voting In 2024 Presidential Election)

DHS attributes much of the backlog to what it calls “meritless asylum claims,” arguing that such claims can delay deportation and allow migrants to remain in the U.S. while their cases are pending.

The letter says claims involving generalized gang violence, domestic violence, economic hardship, and other country conditions often fail to meet the legal standard for asylum.

We have been abundantly clear—if immigration attorneys commit fraud for their clients, the attorneys will be fined. This week, we issued a fine notice to Suraj Raj Singh totaling over $470,000. This attorney filed 118 fraudulent documents. Before President Trump came along,…

— James Percival (@DHSGenCounsel) July 30, 2026

The department further argues that “meritless asylum applications are filed to obtain work permits, to delay deportation, and to force a release from custody,” while warning that claims without a reasonable legal or factual basis “will be dealt with accordingly.”

The department’s May 26, anti-fraud directive primarily relies on 8 U.S.C. § 1324c, which establishes penalties for document fraud.

DHS also has other mechanisms for disciplining attorneys who submit fraudulent asylum applications, including regulations that address misconduct such as frivolous filings and unethical behavior.

The letter concludes that filing a frivolous asylum application can make an individual permanently ineligible for most forms of immigration relief. It also says attorneys who file such applications are subject to penalties, warning that DHS will “vigorously pursue all available remedies” against those involved.

Federation for American Immigration Reform (FAIR) Deputy Executive Director and former Immigration Judge Matt O’Brien wrote in a statement to the Caller that existing immigration law, including 8 U.S.C. § 1158(d)(6), provides mechanisms to bar individuals from receiving certain forms of immigration relief after filing fraudulent or frivolous asylum claims.

O’Brien wrote that the law “imposes a mandatory bar on any future asylum applications once an Immigration Judge has found that an applicant filed a frivolous asylum application.”

He added that “a general finding of fraud or willful misrepresentation before USCIS or CBP results in a permanent bar on admissibility to the United States, pursuant to 8 U.S.C. § 1182(a)(6)(C)(i), for which there are very, severely limited waivers.”

🚨TRENDING: Rep. Chip Roy (R-TX) introduced legislation Monday to make President Donald Trump’s border policies permanent, per the Daily Caller.

The Permanent Trump Secure Border Act would reportedly codify the Trump administration’s immigration policies on asylum and border… pic.twitter.com/QGTRtl1LfJ

— Off The Press (@OffThePress1) June 8, 2026

O’Brien also addressed the role immigration judges would play in enforcing those restrictions, as well as the potential obstacles to their practical application. (RELATED: Fifth Circuit Rules Illegal Aliens Do Not Have Constitutional Right To Roam Free In US)

“Immigration Judges would play a significant role in enforcing such restrictions. The primary hurdle in getting judges to perform this role is the same as it has always been — there are too many pro-alien, activist judges on the Immigration Court,” O’Brien wrote.

Federal regulations allow DHS to refer complaints against immigration attorneys to state disciplinary authorities.

Under 8 CFR § 292.3, DHS can notify federal or state disciplinary bodies about complaints involving practitioners and take disciplinary action against attorneys for misconduct, including frivolous behavior.

O’Brien argued that such referrals are common in other areas of federal legal practice and questioned why DHS and DOJ have historically been reluctant to pursue discipline against attorneys accused of exploiting the immigration system.

DHS has already taken enforcement action against immigration attorneys over alleged fraudulent asylum filings.

In July, HSI announced a Notice of Intent to Fine attorney Suraj Raj Singh more than $470,000, alleging he filed 118 fraudulent documents across 54 immigration cases, including asylum declarations that were nearly identical in language and substance.

If immigration attorneys commit fraud, they will be held ACCOUNTABLE. @HSI_HQ is seeking a fine of over $474,000 against Attorney Suraj Raj Singh, who filed over 118 fraudulent documents for his clients.

Under the leadership of @POTUS Trump, we are ENDING the abuse of our… pic.twitter.com/aMVCGbBaXU

— Homeland Security (@DHSgov) July 30, 2026

In a July 30 press release, Percival said, “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. (RELATED: Trump Admin’s Deportation Data Chief Is Out, Celebrates Escape From ‘War On Immigrants’)

HSI has also announced five Notices of Intent to Fine against immigration attorney Vinod Doddamani, alleging he prepared and filed 64 fraudulent documents across 32 immigration cases. Homeland Security Investigations (HSI) is seeking the maximum permissible fine of $255,232 against Doddamani.

Breaking News—For the first time ever, @DHSgov is seeking to fine an immigration attorney for allegedly filing false asylum claims.

And the fine is enormous—$250,000.

DHS claims that attorney Vinod Doddamani filed 32 immigration cases in which he filed 64 fraudulent documents,… pic.twitter.com/dQnwKfG7wT

— Joseph Bovino, Esq. (@joebovino) June 24, 2026

In a June 28 press release, Percival said, “Fraudulent asylum claims threaten the safety of Americans by overwhelming our burdened immigration system and delaying the removal of dangerous criminal aliens.”

Percival also warned attorneys, saying, “Your days of abusing and defrauding our immigration system are over.”

The Caller reached out to the AILA for comment but did not receive a response in time for publication.