Homeland Security’s New Guidance Aimed at Streamlining Asylum Claim Adjudication
Fox News has uncovered exclusive details regarding new directives issued by the Department of Homeland Security. These guidelines instruct immigration attorneys to pursue early dismissal of asylum claims deemed legally inadequate. This internal guidance has been obtained by Fox News Digital.
The directives are already in effect. Attorneys from the Office of the Principal Legal Advisor (OPLA) at U.S. Immigration and Customs Enforcement (ICE) must seek dismissal of asylum applications that apparently fail to meet legal standards. This is done by filing motions to pretermit in immigration courts.
A motion to pretermit requests an immigration judge to reject an asylum application before a full merits hearing. The government contends that such applications are legally insufficient. Ultimately, immigration judges make decisions on granting these motions.
“The policy aims to speed up the process for asylum claims that fulfill legal criteria, as well as challenge flawed applications earlier,” says the department spokesperson.
The guidance aligns with ongoing efforts to address asylum fraud, further targeting attorneys who may aid in fraudulent asylum claims.
Earlier this year, the administration streamlined the affirmative asylum process. Certain applications now move directly to immigration court without prior asylum interviews. Officials state this reduces duplicate reviews and helps manage the court backlog.
Efforts against asylum fraud have intensified. Recently, ICE introduced a policy to impose civil penalties on attorneys accused of fraudulent practices. Financial penalties were sought against a New York immigration attorney involved in filing fake applications.
This strategic guidance further extends efforts in court litigation. Government attorneys are now directed to contest asylum claims not meeting legal standards before full evidentiary hearings occur.
The policy is part of broader measures by the Trump administration to tighten the asylum system through enforcement changes and litigation strategies. Brittany Miller, a Fox News Digital breaking news writer, reported this development.