Civil Money Penalty for Actions in Contempt of an Immigration Judge’s Proper Exercise of Authority
Key claim: The Justice Department proposes rules authorizing Immigration Judges to impose civil money penalties for contempt of their proper authority, with procedures for findings, penalty determination and payment, appeal, and oversight.
Abstract
(Proposed Rule · Justice Department, Executive Office for Immigration Review) This notice of proposed rulemaking (“NPRM”) would implement a provision of the Immigration and Nationality Act (“INA” or “the Act”) that authorizes Immigration Judges, under regulations prescribed by the Attorney General, to sanction by civil money penalty any action (or inaction) in contempt of the proper exercise of their authority by certain individuals. The rule would: define the scope of the contempt authority; provide procedures for contempt findings, penalty determinations, and penalty payment; establish an appellate process; and implement oversight of the use of contempt authority. The rule would also make conforming changes to the grounds for practitioner discipline.
Why this matters
This proposed rule would activate a statutory contempt penalty authority that has sat unused for decades, giving Immigration Judges a direct financial-sanction tool against parties and practitioners appearing before them. For affected populations — respondents, attorneys, and accredited representatives — it introduces new procedural risk in removal and related proceedings, with the practical impact depending on how narrowly “proper exercise of authority” is interpreted and how appeal and oversight mechanisms constrain use.