Trump Is Systematically Dismantling the Immigration Court System

On May 26, Department of Homeland Security General Counsel James Percival issued a memo directing Immigration and Customs Enforcement, or ICE, attorneys within the Office of the Principal Legal Advisor to develop “anti-fraud policies” designed for “robust enforcement.” This effort “should include enforcement against immigration attorneys filing false asylum claims in immigration courts.”

In a press release, Percival further added: “Protection claims like asylum are intended to cover unique and narrow circumstances, but it is standard practice for immigration attorneys representing illegal aliens to assert that virtually every illegal alien is going to be persecuted or tortured in his or her home country. Historically, ICE has depended on the discipline of immigration judges and the enforcement of criminal fraud laws to deter this conduct, but ICE has its own tools. Now, thanks to this directive, ICE attorneys have greater authority to enforce the law and stop the abuse of our asylum system by illegal aliens and attorneys.”

Despite these accusations, however, there is no evidence of widespread asylum fraud occurring. As the National Immigration Forum explains, there are two departments responsible for adjudicating asylum cases: the US Citizenship and Immigration Services (USCIS) and the Executive Office of Immigration Review (EOIR). While each department has a dedicated fraud detection and prevention division, neither releases regular data on the number of cases terminated or investigated for fraud.

What limited data is available does not support the Trump administration’s case whatsoever. For instance, according to a 2015 Government Accountability Office (GAO) report, “The number of USCIS asylum terminations for fraud has decreased in recent years, from 103 in fiscal year 2010 to 34 in fiscal year 2014.” During that span, USCIS terminated asylum for a total of 374 individuals due to fraud, while granting asylum to 76,122 individuals.

Going after immigration attorneys is another step toward dismantling the immigration court system and stripping noncitizens of any legal protection.

The Catholic Legal Immigration Network reports that USCIS issued 892 Notices of Intent to Terminate (NOITs) asylum status between 2009 and 2020, according to data they obtained through a Freedom of Information Act (FOIA) request. Of those issued NOITs, Notices of Continuation of Status were granted in 231 cases. Only 562 cases were terminated due to “fraud in the application.”

It is also worth noting that most asylum requests are denied. This does not mean, however, that those people did not have a legitimate fear of being persecuted or harmed in their home country. Because of regulations imposed by the Trump administration and other precedents, it is incredibly difficult for those fleeing domestic abuse, gender-based violence, police violence, and gang violence to win asylum. Even cases that would have been approved in the past are now ending with deportation orders.

What is occurring here is simply another instance of President Donald Trump weaponizing allegations of fraud to target and undermine an institution he dislikes. Whether it’s elections, Medicaid, Social Security, Supplemental Nutrition Assistance Program, Democrat-run cities, or immigration, Trump insists, without evidence, that widespread fraud is occurring at unprecedented levels. That baseless accusation then becomes the pretext for a wildly illegal abuse of power. All the while, the actual rampant fraud being committed by the Trump administration is swept under the rug.

Going after immigration attorneys is another step toward dismantling the immigration court system and stripping noncitizens of any legal protection.

Already in the past year, Trump has fired over 100 immigration judges out of roughly 750 that were in place when he returned to power. The majority of those fired were appointed under Democratic administrations, had previously worked as attorneys defending immigrants, and granted asylum at higher rates than those who kept their jobs (46% compared with 15%). The administration’s new hires, by contrast, have granted asylum in approximately 6% of cases.

Notably, in August 2025, the Department of Justice (DOJ) issued a rule allowing “any attorney,” including those with no prior experience in immigration law, to serve as temporary immigration judges. The same week, the Pentagon authorized 600 military lawyers to serve six-month terms as temporary judges. As Kyra Lilien, a former immigration judge who was abruptly terminated in July 2025, noted: “Firing expert, high-performing, effective judges and replacing them with inexperienced temps does not make the courts more efficient or achieve any goals of systemic reform. It is simply destructive.”

Amid this purge of immigration judges, San Francisco’s immigration court, which handled the third-largest number of asylum cases in the nation, was forced to close on May 1, 2026. This is no accident. Between 2019 to 2024, almost 75% of petitioners were granted some form of relief by that court compared with 43% nationwide. This disparity, however, is not due to fraud, but rather reflects the incredible work of California’s vast pro-immigrant organizations and pro bono or low-cost legal services. Their efforts continue to ensure that most noncitizens across the state have access to legal representation at their hearings.

More than 117,000 cases previously handled by the San Francisco court are now being relocated to a courthouse in Concord, about 30 miles away from the city. However, because of firings, the Concord court is, at the time of this writing, down to four immigration judges and one supervisor.

These firings will continue. Any judge who resists Trump’s mass deportation regime will be removed and replaced with someone who won’t. In recruitment ads, the DOJ and DHS openly encourage applicants to “become a deportation judge.”

At the same time, Trump is taking additional steps to maximize the number of removal orders being issued by the courts. As part of removal proceedings, individuals are required to attend “master calendar hearings”—these are brief, preliminary hearings wherein a judge formally notifies the person of the charges against them and provides them with a schedule for future hearings.

Noncitizens are now being scheduled for master calendar hearings consisting of 100 or more people at a time. These “mega masters” are largely made up of people without any form of legal representation whose original hearing was scheduled for 2027, 2028, or 2029. In February 2026, dozens of Somali migrants also had their hearings abruptly rescheduled for later that month and the next.

The goal here is simple: When someone does not appear for their hearing, regardless of the reason, a judge can issue an in absentia removal order that allows ICE agents to detain and deport them. The Trump administration is fast-tracking these cases, providing immigrants and their attorneys little to no notice, in the hopes that most will miss their hearings and a judge—whether out of fear of losing their job or loyalty to Trump—will move to deport them.

In short, the Trump administration’s overhaul of the immigration court system prioritizes cruelty and deportations over justice and the people’s right to due process.

This must end. Immigration judges should not fear losing their job for doing the right thing. Immigration attorneys should not be subject to federal investigations for helping their clients. Meaningful reforms must be implemented both to solve the problems Trump has created and the ones that predated him.

Such reforms include: first, guaranteeing that every noncitizen has access to a publicly funded attorney.

Second, ensuring that the asylum process is fair and consistent across the nation. As it stands, asylum acceptance and denial rates vary significantly from judge to judge and from court to court, effectively making the asylum process into a lottery. For instance, a 2017 Reuters report documented the nearly identical stories of two Honduran women who were targeted by gang violence due to their activism. One was granted asylum by the now-closed San Francisco court, while the other was denied their request by a court in Charlotte, North Carolina.

Third, and perhaps most importantly, immigration courts must be removed from the executive branch. This is a necessary step to protect due process and stop the abuses being enacted by the Trump administration.

Ultimately, everyone, regardless of immigration status or whatever Trump believes, deserves to be treated with dignity and have their rights respected.