Proposed Civil Money Penalty for Actions in Contempt of an Immigration Judge's Proper Exercise of Authority

Current rules

The proposed civil-money-penalty framework is not currently in force. The Department of Justice published the proposal on 30 July 2026, and the public comment period remains open until 28 September 2026. Therefore, the proposed penalty amounts and procedures should not be presented to users as current immigration-court requirements.

Overview

The U.S. Department of Justice's Executive Office for Immigration Review (EOIR) has proposed a new regulatory framework that would allow civil money penalties to be imposed on certain people who engage in contemptuous conduct during immigration court proceedings. The proposal was published in the Federal Register on 30 July 2026 and is currently open for public comment until 28 September 2026. If finalised, the rule would establish a formal process under which an Immigration Judge could identify qualifying contemptuous conduct and propose a civil money penalty. The Chief Immigration Judge or designee, rather than the individual Immigration Judge, would impose the penalty. The proposed penalties would be: First contempt order: $1,000–$1,500 Second contempt order: $1,500–$2,500 Subsequent contempt orders: $2,500–$3,500 Important: This is a proposed rule, not an enacted or currently effective rule. The existing rules therefore remain applicable unless and until the Department issues a final rule that changes them.

What changed in the latest version

This proposed rule matters because it would create a new enforcement mechanism for Immigration Judges, allowing them to directly impose financial penalties for behaviour deemed contemptuous. For individuals appearing before an Immigration Judge, this means a new type of sanction could be applied if their actions or inactions are found to be in contempt of the judge's authority. Practitioners, such as attorneys, may also face changes in disciplinary procedures due to the conforming amendments. This could lead to a more immediate consequence for disruptive or disrespectful conduct in immigration proceedings, potentially influencing how cases are conducted and how parties interact within the court setting.

Explained simply

Imagine a classroom where the teacher (an Immigration Judge) needs to keep order so everyone can learn. Sometimes, a student (an individual in court) might act out, interrupting or ignoring the teacher. Right now, the teacher might have a few ways to handle this. This proposed rule is like giving the teacher a new tool: the ability to assign a "fine" (a civil money penalty) for specific misbehaviors that disrupt the class or ignore the teacher's instructions. It's not about stopping everyone from speaking, but about making sure that when the teacher is properly doing their job, their instructions are followed, and order is maintained. This rule will explain exactly what kinds of disruptions could lead to a fine, how the fine would be decided, and how someone could challenge it. It's also updating the rules for students who represent others, like student leaders (practitioners), so they understand this new consequence too.

Version history

1. v2Issued 30 Jul 2026ProposalMedium impact
   Proposed Civil Money Penalty for Actions in Contempt of an Immigration Judge's Proper Exercise of Authority

   This proposed rule would implement a provision of the Immigration and Nationality Act, authorising Immigration Judges to impose civil money penalties for contempt of their authority. The rule defines the scope of contempt authority, outlines procedures for findings and penalties, establishes an appellate process, and makes conforming changes to practitioner discipline.