The Justice Department is proposing a new rule to empower federal immigration judges to hold attorneys, their clients and witnesses in contempt if they violate court orders, in a move that departs from historical practice. The regulatory proposal by the Executive Office for Immigration Review would allow immigration judges for the very first time to impose fines ranging from $1,000 up to as much as $3,500 if an attorney or other individual continues to defy court orders. This Notice of Proposed Rulemaking opens a 60-day public comment period and applies to all attorneys and representatives appearing before immigration courts.
What changed
The draft regulation marks the first official proposal to fulfill a requirement in the 1996 law that the attorney general develop regulations to clearly define and outline immigration judges’ statutory authority to issue civil monetary sanctions. The EOIR proposes to add a new subpart to 8 CFR Parts 1003 and 1103 that authorizes immigration judges to sanction contemptuous conduct by civil money penalty.
The five types of conduct subject to a civil money penalty are: (1) attorneys’ and representatives’ repeated failure to appear or to appear on time for scheduled hearings or pre-hearing conferences, including those held via telephone or video conferencing, without good cause; (2) repeated failure to comply with Immigration Judge orders to timely file pleadings, applications, pre-hearing statements, evidentiary submissions, or any other filings, without good cause; (3) disorderly or abusive behavior or language in and around the courtroom and before the Immigration Judge or abusive language in any filing with the Immigration Court; (4) knowingly or recklessly making a false statement of material fact or law, or knowingly or recklessly offering false evidence and (5) additional conduct as specified in the rule.
A critical limitation: The proposal notably exempts federal government employees, such as Department of Homeland Security attorneys, from being subject to any contempt order by an immigration judge, and the Justice Department argues that giving immigration judges the power to sanction government lawyers is not necessary because DHS attorneys can be disciplined by the Office of the Inspector General or the Office of Professional Responsibility.
Why it matters
For immigration practitioners, this rule creates new exposure to monetary sanctions in immigration court proceedings. The penalty structure—$1,000 to $3,500 per violation—can accumulate quickly if an attorney faces repeated findings of contempt. The regulation applies not only to attorneys but also directly to noncitizen clients and witnesses, which may affect how you advise clients on courtroom conduct and compliance with judge directives.
The asymmetry in the rule has drawn criticism: government lawyers are exempt, while private immigration attorneys face the new penalty regime. This may shift settlement calculus in cases where a judge’s evidentiary rulings or procedures are questioned, since challenging a judge’s order carries fresh financial risk.
The inclusion of “repeated failure to appear on time” and “repeated failure to timely file” means that scheduling conflicts and ordinary filing delays—even without willful violation—could trigger sanctions if they recur. Documentation of “good cause” for delays and absences will become critical.
Way forward
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Monitor the docket. Electronic comments must be submitted on or before September 28, 2026. The electronic Federal Docket Management System at https://www.regulations.gov will accept electronic comments until 11:59 p.m. Eastern Time on that date. If you represent clients in immigration court, consider submitting comments on behalf of your practice or bar association.
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Read the full Federal Register notice. The proposed rule contains detailed procedural safeguards, appeal rights to the Board of Immigration Appeals, and guidance on when warnings versus penalties apply. The rule outlines the types of contemptuous conduct that may result in the imposition of a civil money penalty, procedural standards for the Immigration Judge, the individual, and the Chief Immigration Judge to follow in the consideration of contempt matters, and appeals to the Board.
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Document compliance. Begin maintaining detailed records of scheduling requests, filing dates, and reasons for any delays or absences from hearings. Prospectively establish a system to track judge orders and timelines.
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Counsel clients on courtroom conduct. Advise clients that disorderly conduct, abusive language, or false statements can now trigger direct sanctions against them, separate from any sanction imposed on counsel.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. It is provided by a technology company, not a law firm. Immigration law and procedure are complex and change frequently. You should consult with a licensed immigration attorney before relying on this article or taking any action based on it. Policy guidance can change without notice, and you should verify all information against the primary source linked above and the full text of the proposed rule.