DHS Seeks Faster Dismissal Of Some Asylum Claims

Authored by Timothy Frudd via The Epoch Times,

The Department of Homeland Security (DHS) is seeking to move quickly to dismiss more asylum cases found legally insufficient.

"If an asylum claim is facially deficient, you don't need an evidentiary hearing. We are done wasting time and government resources indulging sham asylum claims." DHS general counsel James Percival wrote in an X statement on Sept. 3.

Evidentiary hearings, also known as merits hearings, allow asylum applicants and DHS officials to present evidence regarding asylum claims. They also give immigration judges an opportunity to hear arguments from both sides and review the evidence submitted.

The department's push to expedite the dismissal of asylum claims deemed legally insufficient follows multiple actions by the Trump administration to crack down on asylum fraud.

In his social media post on Thursday, Percival shared a Fox News report that U.S. Immigration and Customs Enforcement's (ICE's) Office of the Principal Legal Advisor's attorneys had been instructed by DHS to seek the dismissal of legally insufficient asylum applications.

The attorneys were instructed by DHS to file motions to pretermit in immigration court, according to the report. Pretermit motions formally request that immigration judges deny asylum applications prior to full merits hearings.

Asked about the new guidance, a DHS spokesperson told The Epoch Times that a pending asylum application did not "confer legal status" in the United States.

"America's asylum system was never intended to be used as a de facto amnesty program or a catch-all, get-out-of-deportation-free card," the spokesperson said in an emailed statement on Sept. 3.

President Donald Trump and DHS Secretary Markwayne Mullin have reversed the previous administration's "catch and release" border policy. The policy allowed many illegal immigrants to be released into the United States instead of detaining them until their immigration cases were resolved.

"All illegal aliens receive due process. We are applying the law as written by Congress," the DHS spokesperson said.

The Epoch Times reached out to ICE about the new guidance but did not hear back before publication time.

Administration's Broader Asylum Measures

The department's U.S. Citizenship and Immigration Services (USCIS) previously announced an interim rule change in late July to expedite asylum applications.

The interim rule change allows USCIS to refer asylum applications to immigration judges without interviewing asylum applicants in advance. The change was implemented to reduce the backlog of asylum applications.

When the asylum application rule change was announced in July, Percival said it would improve efficiency and fulfill Trump's immigration mandate.

"One of the greatest barriers to effective immigration enforcement is intentional delay by illegal aliens and the open borders attorneys who represent them," he said.

In May, DHS directed ICE to crack down on fraudulent asylum claims by taking action against attorneys who file false asylum claims in immigration court.

On Sept. 3, the spokesperson added that the department has worked for months to recruit new immigration judges who will "ensure the rule of law and restore integrity" to the immigration system in the United States.

The DHS directive came after Trump issued a presidential memorandum in March in response to what he described as "rampant fraud and meritless claims" in America's immigration system. The memorandum called for lawyers and law firms to be held accountable for misconduct.

Homeland Security Investigations later announced in July that it was seeking to impose a fine of more than $470,000 against an immigration attorney who allegedly filed false asylum claims for clients.

Trump's memorandum was criticized by the American Immigration Lawyers Association (AILA) as a "chilling directive" targeting immigration attorneys, law firms, and the immigration bar.

"It seeks to delegitimize the work of resolute professionals who ensure that immigrants - many of whom are fleeing persecution and are contributing to their new communities - have access to fair legal representation," AILA President Kelli Stump said at the time.