The Department of Homeland Security (DHS) has issued new guidance instructing U.S. Immigration and Customs Enforcement (ICE) attorneys to seek the early dismissal of asylum claims that are determined to be legally insufficient. The directive, effective immediately, directs attorneys in ICE's Office of the Principal Legal Advisor (OPLA) to file motions to pretermit in immigration court when asylum applications are found to fail the legal standard on their face.
A motion to pretermit requests an immigration judge to deny an asylum application before a full merits hearing, asserting that the government contends the application is legally deficient. Immigration judges retain the ultimate authority to grant or deny these motions.
The guidance is intended to accelerate the adjudication of asylum claims that meet legal requirements while enabling the government to contest deficient applications at an earlier stage of the immigration court process. This initiative also reinforces the administration's efforts to combat asylum fraud and hold accountable any attorneys facilitating fraudulent claims.
This policy follows a series of administrative actions designed to reshape the asylum system. Earlier this year, the administration streamlined parts of the affirmative asylum process by allowing certain applications to proceed directly to immigration court without initial asylum interviews. Officials stated this change would reduce redundant reviews and help alleviate the backlog in immigration courts.
The administration has also intensified its focus on asylum fraud. ICE previously announced a policy enabling the agency to pursue civil penalties against attorneys accused of facilitating fraudulent asylum claims and has since sought financial penalties against an immigration attorney in New York for allegedly filing fraudulent asylum applications.
The latest guidance extends this broader strategy into immigration court litigation, empowering government attorneys to challenge asylum claims they believe do not meet legal requirements before they advance to full evidentiary hearings. This policy represents another step in the administration's broader strategy to tighten the asylum system through adjustments in immigration enforcement and litigation tactics.