Civil Money Penalty for Actions in Contempt of an Immigration Judge's Proper Exercise of Authority
Published Date: 7/30/2026
Proposed Rule
Summary
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.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 4 costs, 0 mixed.
Attorneys and Reps Face $1,000+ Fines
If you are an attorney or accredited representative who files an EOIR appearance (Form EOIR-28 or EOIR-61), an Immigration Judge could trigger a civil money penalty against you for certain contemptuous acts. Penalties are set in ranges of $1,000–$1,500 for a first order, $1,500–$2,500 for a second order, and $2,500–$3,500 for any subsequent orders; the process includes warnings and a chance to respond.
Noncitizen Parties May Be Fined
If you are an alien who is the subject of immigration proceedings, an Immigration Judge may seek a civil money penalty against you for specified contemptuous conduct. The proposed penalty ranges are $1,000–$1,500 for a first contempt order, $1,500–$2,500 for a second, and $2,500–$3,500 for subsequent orders.
Witnesses (Non-Federal) Subject to Fines
If you are a witness in Immigration Court (physically or remotely) and are not a current Federal employee or contractor acting in their official capacity, you may be subject to a civil money penalty for specified contemptuous conduct. The same penalty ranges apply: $1,000–$1,500 first, $1,500–$2,500 second, and $2,500–$3,500 subsequent.
Penalty Process, Timelines, and $675 Appeal Fee
Before a civil money penalty can be imposed, an Immigration Judge must give a specific warning (the individual may respond within 10 days) and may issue a CMP Notice; the individual then has 30 days to respond (one 7‑day extension for good cause). A final decision is made by the Chief Immigration Judge, and appeals to the Board must be filed within 10 days and are subject to a $675 filing fee.
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Key Dates
Department and Agencies
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