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

What this is

A proposed rule would let Immigration Judges fine certain individuals for acting in contempt of their authority. It sets out how findings are made, how penalties are determined and paid, how to appeal, and how use of this power will be overseen. It also updates rules on practitioner discipline.

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

What you need to know

• This is a proposed rule, not yet in effect.
• Immigration Judges would gain authority to issue civil money penalties against certain individuals for contempt of their proper authority.
• The rule covers both actions and failures to act that constitute contempt.
• Procedures would be established for making contempt findings, setting penalty amounts, and collecting payment.
• An appellate process would be created for challenging contempt rulings.
• Oversight mechanisms for how judges use this authority would be put in place.
• Existing rules on discipline of legal practitioners would be updated to align with the new rule.
• Immigration Judges would gain authority to impose civil money penalties on anyone who acts in contempt of their proper authority.
• Both actions and inactions can be treated as contempt.
• The rule would define what counts as contempt and set procedures for finding contempt, calculating the penalty, and collecting payment.
• An appeals process for contempt findings would be created.
• Oversight rules for how judges use this contempt authority would be established.
• The rule would also update existing rules about discipline for legal practitioners in immigration proceedings.

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

Frequently asked questions

Can an immigration judge fine me for contempt right now? Not yet. This is a Notice of Proposed Rulemaking, meaning the rule has been published for public comment but has not been finalized. The contempt penalty authority cannot be used until the rule is completed and takes effect.

If a judge finds me in contempt and issues a fine, is there any way to fight it? Yes. The rule would establish an appellate process specifically for contempt findings and penalties. You would have a formal avenue to challenge both the finding and the penalty amount.

Could my immigration attorney get penalized under this rule too? Yes. The rule includes conforming changes to the grounds for practitioner discipline, which covers attorneys and other practitioners who appear before immigration judges.

What process has to happen before a judge can actually issue a contempt fine? The rule would establish procedures covering the contempt finding itself, how the penalty amount is determined, and how payment is handled. It would also create oversight mechanisms governing how judges use this authority.

Where does this rule come from — did Congress create it or did the Justice Department invent it? Both played a role. The Immigration and Nationality Act — a federal law passed by Congress — is the source of the underlying contempt penalty authority. The Attorney General is now implementing it by prescribing the specific regulations through this proposed rule.

Where does this information come from? Justice Department, published at https://www.federalregister.gov/documents/2026/07/30/2026-15458/civil-money-penalty-for-actions-in-contempt-of-an-immigration-judges-proper-exercise-of-authority.

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