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Original Date Announced
September 3, 2026On September 3, 2026, the Department of Homeland Security issued internal guidance directing U.S. Immigration and Customs Enforcement (ICE) attorneys within the Office of the Principal Legal Advisor (OPLA) to seek early dismissals of asylum claims deemed legally insufficient. Effective immediately, ICE attorneys are instructed to file motions to pretermit in immigration court, asking judges to deny applications that fail to meet legal standards on their face before the cases proceed to full evidentiary merits hearings. The ultimate decision to grant or deny these motions remains with the presiding immigration judges.
According to the report, the directive is intended to expedite the adjudication of claims that satisfy legal requirements while allowing the government to challenge deficient applications earlier in the court process. The policy builds on other recent administration measures aimed at reshaping the asylum system, including sending certain affirmative applications directly to immigration court without asylum office interviews, as well as ongoing efforts to combat asylum fraud and penalize attorneys accused of submitting fraudulent filings.
2026.09.03 Reported: DHS directs ICE attorneys to seek early dismissal of legally deficient asylum claims - Fox News
Trump 2.0 [ID #2387]Effective Date
September 3, 2026Current Status
NoneOriginal Trump Policy Status
Status: ReportedTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Asylum, Withholding and CATAssociated or Derivative Policies
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