The Department of Justice's Executive Office for Immigration Review (EOIR) proposed a rule on July 30, 2026 that would let immigration judges impose civil money penalties — up to $3,500 per violation — on attorneys, migrants who are respondents in their own removal cases, and witnesses who disrupt or obstruct an immigration court proceeding. The authority to do this has existed in law since 1996 but has never been implemented because no regulation ever defined how it would work. If finalized, this would be the first time an immigration judge could fine someone directly for conduct like repeatedly missing hearings, ignoring filing deadlines, or lying to the court.
Background
Congress gave immigration judges contempt authority in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, but left it to the Attorney General to write the regulations that would actually put it into practice. That never happened — a 2006 memo from then-Attorney General Alberto Gonzales directed the creation of implementing rules, and it was never followed through. As a result, immigration judges have had this power on paper for nearly 30 years without any way to use it. EOIR's new proposal would finally write those rules, following a 2025 presidential directive on preventing abuse of court proceedings.
What exactly changed
Under the proposed rule, a civil money penalty could be imposed on three categories of people connected to an Immigration Court case: attorneys or accredited representatives who have formally entered an appearance in the case, the migrant who is the subject of the removal proceeding, and witnesses (other than federal employees or contractors testifying in their official capacity). Government attorneys representing DHS are explicitly excluded — they remain subject to DHS's own separate discipline process instead. Only five categories of conduct can trigger a penalty: repeatedly failing to appear or appear on time without good cause; repeatedly missing filing deadlines set by the judge without good cause; disorderly or abusive behavior or language in or around the courtroom; knowingly or recklessly making a false statement or offering false evidence; and willfully misleading, misinforming or threatening anyone involved in the case. Penalties escalate with each contempt order against the same person: $1,000 to $1,500 for a first violation, $1,500 to $2,500 for a second, and $2,500 to $3,500 for any violation after that.
Before vs after
- Before: immigration judges have had statutory contempt authority since 1996 but no regulation exists to use it — no fines have ever been issued under it.
- After (proposed): a Chief Immigration Judge could impose a civil money penalty of $1,000-$3,500 on an attorney, respondent, or witness for one of five specific types of contemptuous conduct, following a formal notice-and-review process.
- Excluded: government (DHS) attorneys and federal employees/contractors testifying in their official capacity are not subject to these penalties.
Who it affects
This affects anyone with an active case in Immigration Court. A migrant representing themselves who repeatedly misses hearings without a documented reason — a transportation breakdown, a medical emergency, a scheduling notice that never arrived — could now face a direct fine on top of the usual consequences for a missed hearing. An immigration attorney juggling a heavy caseload who misses filing deadlines, or whose conduct in the courtroom is found abusive, faces the same exposure, on top of separate professional-discipline rules that already apply to practitioners. A witness called to testify — a family member, an employer, a country-conditions expert — could also be fined for conduct like giving knowingly false testimony, though not for ordinary scheduling conflicts.
What this means in practice
Nothing changes yet — this is a proposed rule, not a final one, and the earliest it could take effect is after DOJ reviews public comments and issues a final rule. Anyone currently in removal proceedings, or their attorney, should track this rulemaking through the September 28, 2026 comment deadline and watch for the final rule that follows. GoMate's [United States country guide](/country-guides/united-states) covers the broader immigration and visa landscape for people relocating to or navigating status in the US.
When it takes effect
This is a Notice of Proposed Rulemaking, not yet in force. Public comments are open through September 28, 2026 (Docket No. EOIR-26-AB02); DOJ will review comments before issuing a final rule.
What is not yet confirmed
No final rule has been issued, so none of these penalties apply today. Outside legal commentators have raised constitutional questions about whether an executive-branch body like EOIR can exercise contempt authority traditionally associated with courts — that objection is not addressed in the proposal itself and its outcome is unknown.
Key Takeaway
DOJ has proposed the first-ever regulations letting immigration judges fine attorneys, respondents and witnesses $1,000-$3,500 for contempt; the rule is not yet final and comments are open through September 28, 2026.