A recent presidential memorandum, released on March 22, 2025, titled “Preventing Abuses of the Legal System and the Federal Court,” calls for stricter enforcement of attorney conduct and evidentiary standards within the immigration system. The Trump Administration directed the Attorney General (AG) and Department of Homeland Security to combat “rampant and meritless claims” within the immigration system and warns immigration attorneys against coaching clients to hide information or lie about their circumstances. This executive action calls for harsh disciplinary actions against immigration attorneys who file frivolous cases, meaning immigration filings that lack solid documentary support will now not only risk denial for the applicant, but could carry severe consequences for the immigration attorney as well.
By invoking ethical rules and procedures, the Trump Administration called for stricter enforcement of the standards governing attorney conduct in regard to “frivolous, unreasonable, and vexatious” filings, claims, and litigation. The practical effect of this enforcement initiative from the Trump Administration will mean stricter initial documentation requirements when filing visa applications, petitions, and asylum claims. As a result, all supporting evidence establishing eligibility, which will need to be thoroughly authenticated and vetted, must be submitted at the initial time of filing. In practice, attorneys will need to ensure there is sufficient documentary evidence to support all eligibility requirements are met for the classification sought prior to submitting the case. Waiting for a Request for Evidence or submitting cases with incomplete documentation will now carry a risk not only to the applicant or petitioner, but also to the attorney.
The AG has been directed to prioritize the enforcement of these standards governing attorney conduct. If it is decided that an attorney or law firm has unethically engaged in frivolous or unethical conduct, the AG and the Department of Justice are entitled to refer to disciplinary action and seek sanctions against them.
Please note that at ILBSG, our firm has, and continues, to meet if not exceed the president’s evidentiary standard. We have always prioritized submitting complete, thorough evidence with all cases filed to ensure the best result. Rather, this executive action serves as a reminder of the necessity to provide all required documentation at the outset, thereby safeguarding both clients and their attorneys from avoidable scrutiny or adverse outcomes. It also serves as a reminder of the ever-evolving immigration policies and more challenging immigration landscape ushered in by the current administration. Working with an experienced attorney, now more than ever, ensures you get the right advice based on the most recent laws and policy measures. As always, if you have questions about any U.S. immigration related issue or about this particular article, please contact us.
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