DHS directs immigration attorneys to seek early dismissal of weak asylum claims

The Department of Homeland Security (DHS) has directed immigration attorneys to seek early dismissal of asylum claims that appear legally deficient, a move aimed at resolving weak cases before they consume time in already backlogged immigration courts, according to internal guidance viewed by Fox News.

The guidance, which took effect immediately, instructs attorneys with U.S. Immigration and Customs Enforcement’s Office of the Principal Legal Advisor to file motions to preterminate when they conclude that an asylum application cannot meet the legal standard on its face. Such a motion asks an immigration judge to deny the application without holding a full hearing on evidence. Immigration judges ultimately decide whether to grant the motions.

DHS General Counsel James Percival defended the policy in a Sept. 3 post on X, saying that 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,” he added.

The guidance comes as the Trump administration has taken several steps to speed asylum adjudications and reduce large case backlogs. A separate DHS rule that took effect July 28 targeted an earlier stage of the asylum process by allowing U.S. Citizenship and Immigration Services (USCIS) officers to send certain affirmative asylum cases directly to immigration court without first interviewing the applicant. 

Under that rule, an asylum officer may skip the interview when the written application shows that the applicant is barred from asylum, is otherwise legally ineligible, or does not merit asylum as a matter of discretion. The applicant may still pursue the claim before an immigration judge after USCIS refers the case to immigration court. 

DHS said the July change would allow officers to spend less time interviewing applicants whose written filings already showed legal problems and devote more resources to other cases. The department reported that more than 1.4 million affirmative asylum cases remained pending at the end of fiscal year 2025, up from roughly 340,000 when the government last considered making asylum interviews discretionary in 1994. 

DHS also said some applicants could wait more than 7.3 years for their affirmative asylum cases to be resolved under the existing backlog.