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Original Date Announced
July 30, 2026EOIR has issued a proposed rule that would authorize immigration judges to impose civil monetary penalties on respondents, their counsels, and their witnesses. Sanctionable conduct under the proposed rule includes repeated failures to appear, making false statements to the court, and disorderly conduct. DHS trial attorneys and federal government witnesses acting in an official capacity are explicitly excluded from such sanctions.
The rule goes on to establish procedures for contempt findings, the imposition of penalties, and the appeals process. Comments are due September 28, 2026.
Trump 2.0 [ID #2432]
2026.07.30 EOIR and DOJ NPRM - Civil Money Penalty for Actions in Contempt of an Immigration Judge's Proper Exercise of AuthorityCurrent Status
NoneOriginal Trump Policy Status
Status: ProposedTrump Administration Action: RuleSubject Matter: Hearings and AdjudicationsAgencies Affected: EOIR
Documents
Trump-Era Policy Documents
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Commentary
2026.09.28 America First Legal - America First Legal Backs DOJ Rule to Hold Private Immigration Attorneys Accountable for Obstructing Immigration Courts
America First Legal has voiced its support for a proposed rule that would allow immigration judges to levy fines against noncitizens, attorneys, and witnesses for actions considered in contempt of court. AFL contends that this measure finally activates authority granted by Congress nearly three decades ago, which is crucial for addressing the extensive backlog within the immigration court system.
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