RAICES Bulletin: DHS General Counsel Ignores Duty to Maintain Integrity of Profession
By RAICES Public Affairs Director Javier Hidalgo, Esq.
TL;DR Department of Homeland Security (DHS) General Counsel James Percival is attempting to intimidate immigration attorneys with threats of financial and administrative penalties for filing Western Hemisphere asylum claims. These tactics aim to undermine due process and organizations like RAICES, but advocates will staunchly defend their legal teams and clients against this government interference.
WHAT TO KNOW
Issue: DHS General Counsel issued a letter to the American Immigration Lawyers Association (AILA) threatening penalties against attorneys who file asylum claims that DHS unilaterally deems "frivolous." Percival specifically targeted Western Hemisphere asylum seekers, arguing that such claims lack a valid statutory basis. Legal advocates swiftly condemned the letter as an illegitimate attempt to coerce opposing counsel and misstate established asylum law.
Rationale: DHS blames Western Hemisphere asylum claims for the 2.3 million immigration court backlog, asserting authority under the Immigration and Nationality Act to investigate and fine attorneys for alleged document fraud. Legal experts note a glaring contradiction: the U.S. officially recognizes severe state collapse and violence, yet DHS labels asylum claims from those exact conditions as inherently fake. DHS lacks the legal authority to declare entire categories of claims frivolous to pressure defense attorneys.
RAICES Impact: These intimidation tactics directly threaten RAICES, which provides free and low-cost legal representation to asylum seekers. RAICES attorneys are duty-bound to present colorable claims for clients fleeing dangerous conditions in the Western Hemisphere. Weaponizing administrative authority forces the organization to expend increased institutional resources contesting bad-faith government interference. RAICES gladly commits these resources and will staunchly defend its attorneys against any such attacks.
Community Impact: DHS' sweeping threats create a chilling effect that severely erodes noncitizens' access to legal representation. Fearing regulatory retaliation or excessive fines, attorneys may decline Western Hemisphere asylum cases, forcing individuals to navigate complex court proceedings pro se. This obstruction of due process directly harms immigrant communities, exacerbating fear and exposing fleeing families to a heightened risk of wrongful deportation.
Related Legal Battles: In May 2026, DHS expanded ICE's authority to investigate attorneys. Legal accountability organizations and 128 retired judges filed a bar complaint against Percival for targeting sitting federal judges on social media. The Bar declined to discipline him due to his federal office.
Broader Immigration Strategy: Instead of addressing systemic court backlogs through fair adjudication and expanded processing capacity, the administration uses intimidation and coercion to suppress legal representation. By attempting to delegitimize Western Hemisphere asylum claims wholesale and penalize defense lawyers, the government seeks to undermine due process, evade scrutiny, and accelerate mass removals. Frustrating this anti-immigrant agenda demonstrates that our attorneys' efforts remain meaningful and impactful.
