The bottom line. The Department of Justice proposed a rule to allow immigration judges to impose civil money penalties — $1,000 to $3,500 — on attorneys, aliens, and witnesses for contemptuous conduct in removal proceedings. Comments are due by September 28, 2026.
The Department of Justice, through the Executive Office for Immigration Review (EOIR), published a notice of proposed rulemaking on July 30, 2026, that would implement the contempt authority Congress granted immigration judges under section 240(b)(1) of the Immigration and Nationality Act. The rule, docketed as EOIR-26-AB02, would add Subpart H to 8 CFR Part 1003.
EOIR said the rule is needed because the agency currently has a backlog of over 3.5 million cases, and immigration judges need tools to control courtrooms and deter conduct that delays proceedings. The agency noted that Congress authorized the contempt power in 1996 but that no implementing regulations have been published until now.
Who Is Covered
The proposed rule would allow civil money penalties against three categories of individuals: attorneys or representatives who filed a Form EOIR-28 or Form EOIR-61 appearance; aliens who are subjects of proceedings before an immigration judge; and witnesses in immigration court proceedings, whether physically present or appearing by phone or video. Federal government employees and contractors acting in their official capacity would be excluded.
What Conduct Is Sanctionable
The rule identifies five types of sanctionable conduct: repeated failure to appear or appear on time for hearings without good cause; repeated failure to comply with filing orders without good cause; disorderly or abusive behavior or language in or around the courtroom or in filings; knowingly or recklessly making false statements of material fact or law or offering false evidence; and willfully misleading, misinforming, threatening, or deceiving any person about a relevant matter in a case.
Before initiating the penalty process, an immigration judge must issue a clear warning describing the specific conduct. The warning remains effective for one year and applies across all proceedings. If the individual continues the same conduct, the judge may serve a Notice of Intent to Impose Civil Money Penalty, which must include a factual description of the conduct, the alleged charges, and the proposed penalty amount.
Penalty Schedule and Process
Proposed penalties range from $1,000 to $1,500 for a first contempt order, $1,500 to $2,500 for a second, and $2,500 to $3,500 for subsequent orders. The Chief Immigration Judge or a designee would issue the final decision based on clear and convincing evidence, considering only the contempt record of proceeding. The decision may not exceed the amount stated in the notice.
Individuals would have 30 days to respond to the notice, with one possible 7-day extension for good cause. Appeals would go to the Board of Immigration Appeals within 10 days of the order, subject to a proposed $675 filing fee for the new Form EOIR-86. The Board could affirm, modify, or vacate the penalty but could not increase it or remand the case.
Payment and Consequences
Payment would be due within 30 days of the final agency decision. If a practitioner fails to pay, the EOIR disciplinary counsel would petition the Board to immediately suspend the practitioner from practice before EOIR. The suspension could be lifted upon proof of payment plus a $50 late fee. The rule also clarifies that contumelious conduct includes conduct for which a civil money penalty has been assessed, and adds a new disciplinary ground for repeatedly failing to pay an ordered penalty.
What This Means Right Now
Attorneys, accredited representatives, aliens in proceedings, and witnesses may face fines for specified contemptuous conduct, but only after a formal warning and notice process.
Penalties would be proposed by immigration judges but decided by the Chief Immigration Judge or designee, with Board appeal available within 10 days.
Practitioners who fail to pay an imposed penalty could face immediate suspension from practice before EOIR.
The rule would apply only to conduct occurring on or after the effective date of the final rule, and comments are due by September 28, 2026.