The Department of Homeland Security has rolled out new instructions telling government immigration lawyers to move quickly to dismiss asylum cases they believe do not satisfy basic legal requirements, according to internal guidance obtained by News Media.
Under the directive, which takes effect immediately, attorneys in U.S. Immigration and Customs Enforcement’s Office of the Principal Legal Advisor, known as OPLA, are expected to file motions to pretermit in immigration court when they conclude that an asylum application is legally deficient on its face.
A motion to pretermit asks an immigration judge to reject an asylum claim before it reaches a full merits hearing, with the government arguing that the application does not meet the legal threshold required to move forward.
The final decision, however, remains with immigration judges, who determine whether such motions should be granted.
ICE SEEKS NEARLY $500K FINE AGAINST IMMIGRATION LAWYER ACCUSED OF FILING FAKE ASYLUM CLAIMS
A law enforcement officer walks past the ICE logo ahead of a press conference on Thursday, May 11, 2017, at the U.S. Immigration and Customs Enforcement headquarters in Washington, D.C. (Salwan Georges/The Washington Post via Getty Images)
The guidance is intended to expedite the adjudication of asylum claims that satisfy the legal requirements while allowing the government to challenge deficient applications earlier in the immigration court process.
The directive also reinforces the administration’s ongoing focus on combating asylum fraud, including continued efforts to hold attorneys accountable for facilitating fraudulent asylum claims.
RELATED: Trump Intensifies Criticism of Prince Harry and Meghan Markle
U.S. Citizenship and Immigration Services Director Joseph Edlow testifies before the Senate Judiciary Committee in Washington. The Trump administration has made a series of changes to the asylum system aimed at reducing backlogs and speeding the adjudication of claims. (Graeme Sloan/Bloomberg via Getty Images)
The policy follows a series of recent administration actions aimed at reshaping the asylum system. Earlier this year, the administration streamlined portions of the affirmative asylum process by allowing certain applications to move directly to immigration court without first undergoing asylum interviews, a change officials said would reduce duplicative reviews and help address the immigration court backlog.
The administration has also expanded its focus on asylum fraud. In recent months, ICE announced a policy allowing the agency to pursue civil penalties against attorneys accused of facilitating fraudulent asylum claims and later sought financial penalties against a New York immigration attorney accused of filing fraudulent asylum applications.
The U.S. Department of Justice building in Washington, D.C., on Aug. 17, 2026. (Anna Moneymaker/Getty Images)
The latest guidance extends that broader effort into immigration court litigation by directing government attorneys to challenge asylum claims they believe do not satisfy the legal requirements before those cases proceed to full evidentiary hearings.
The policy marks another step in the Trump administration’s broader effort to tighten the asylum system through changes to immigration enforcement and litigation strategy.