DOJ Proposal Lets Immigration Judges Fine Immigrants And Lawyers For Contempt
The Justice Department's Executive Office for Immigration Review proposed a regulation that would let immigration judges hold noncitizens, attorneys and witnesses in contempt and fine them up to $3,500.[1]
The proposed rule would allow fines between $1,000 and $3,500 for people who defy court orders.[1] Federal government employees, including Department of Homeland Security and ICE attorneys, would be exempt from contempt sanctions under the plan.[1] Legal experts cited in the article argue the rule may be unconstitutional because immigration courts are executive-branch tribunals that lack contempt power under Article II.[1]
The immigration court system faces a backlog of more than 3.5 million cases.[1] The public will have 60 days to comment on the proposal before it could be finalized.[1] Critics say the change risks legal challenges that would reach federal courts over separation-of-powers concerns.[1]
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📌 Key Facts
- The DOJ’s Executive Office for Immigration Review has proposed a regulation granting immigration judges contempt authority for the first time.
- The proposed rule would allow fines from $1,000 up to $3,500 against noncitizens, their attorneys, and witnesses who defy court orders.
- Federal government employees, including DHS and ICE attorneys, are exempt from contempt sanctions under the proposal.
- Legal experts cited in the article argue the rule may be unconstitutional because immigration courts, as executive-branch tribunals, lack contempt power under Article II.
- The immigration court system currently faces a backlog of more than 3.5 million cases, and the public will have 60 days to comment on the rule.
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