BY Bishop ShepardSeptember 18, 2026
BY 
 | September 18, 2026

DHS threatens penalties for immigration attorneys who file false asylum claims

The Department of Homeland Security is warning immigration lawyers that filing meritless asylum applications will carry steep financial penalties, a move that follows more than $700,000 in fines already sought against attorneys accused of flooding the system with bogus cases.

DHS General Counsel James Percival posted a formal warning to immigration attorneys on Wednesday, stating that lawyers who submit false asylum applications "will be dealt with accordingly" and that the department will "vigorously pursue all available remedies" against immigration fraud, Breitbart reported.

The warning comes after DHS already moved against at least two attorneys this summer. In July, Percival called for a fine of nearly $500,000 against one immigration lawyer accused of filing dozens of false immigration cases. A month earlier, in June, the department sought a separate fine exceeding $250,000 against another attorney for allegedly fraudulent filings, the second time Percival had sanctioned an immigration lawyer for that kind of conduct.

Nearly 3.5 million cases choke the immigration court system

The enforcement push targets what Percival described as a deliberate strategy by some attorneys to exploit the asylum process. Meritless asylum applications, he said, are filed "to obtain work permits, to delay deportation, and to force a release from custody."

That assessment lines up with the sheer volume now sitting in the nation's immigration courts. The backlog stands at nearly 3.5 million cases, with 2.3 million of those classified as asylum claims. Every fraudulent filing that enters the queue pushes legitimate cases further down the line, forcing people with genuine persecution claims to wait longer for a hearing.

The Trump administration has made clearing that backlog a priority during the president's second term. But the effort faces a basic math problem: if attorneys keep submitting applications they know are groundless, the system cannot process real cases at anything close to a reasonable pace.

DHS has ramped up enforcement operations across the board in recent months, and the crackdown on fraudulent legal filings fits the same pattern, going after the infrastructure that enables illegal immigration, not just the individuals who cross the border.

Fines exceeding $700,000 signal DHS is done issuing warnings

The combined fines sought so far, roughly $470,000 in July and more than $250,000 in June, send a clear financial signal. Immigration attorneys who treat asylum applications as a delay tactic or a backdoor to work authorization now face consequences that could wreck a practice.

Percival's Wednesday letter escalates the pressure further. Rather than targeting a single attorney, the warning addresses the profession broadly, putting every immigration lawyer on notice that DHS considers fraudulent filings an enforcement priority.

The department has not disclosed which specific attorneys were hit with the summer fines, and the current status of those penalties, whether they have been paid, are being contested, or remain pending, is unclear. Percival's letter also did not detail what "all available remedies" might include beyond financial penalties.

The broader question of immigration fraud extends well beyond asylum filings. Federal investigators have pursued high-profile immigration fraud cases involving public officials, and DHS leadership has made clear that no category of fraud, whether committed by applicants or their attorneys, falls outside the department's scope.

Attorneys gaming the asylum process hurt the people it was built to protect

Asylum exists for people fleeing genuine persecution. When attorneys file applications they know are groundless, using the process as a tool to secure work permits or stall deportation, they dilute the credibility of the entire system. Judges handling thousands of meritless claims have less time and fewer resources for the cases that actually matter.

That dynamic creates a perverse incentive. The more clogged the system becomes, the longer every case takes. The longer every case takes, the more time an applicant with no legitimate claim spends in the country with a work permit. For an unscrupulous attorney, delay is the product, and the asylum backlog is the business model.

Percival's warning suggests DHS understands the incentive structure and intends to break it at the source. Fining attorneys hundreds of thousands of dollars changes the calculation. If the cost of filing a fraudulent application exceeds the revenue it creates, the practice becomes unsustainable.

The administration's broader enforcement posture has already drawn legal challenges on multiple fronts, from court battles over data-sharing between agencies to disputes over visa policy. Whether the attorney-penalty program faces similar legal pushback remains to be seen.

DHS Secretary Mullin has separately addressed immigration fraud allegations involving elected officials, reinforcing the department's position that fraud at every level of the immigration system will face consequences.

For years, the immigration bar operated with little fear of accountability for what it filed. If DHS follows through on Percival's warning, that era is over, and the 2.3 million people waiting in the asylum backlog are the ones who stand to benefit most.

Written by: Bishop Shepard

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