Immigration Judges May Soon Fine You in Court
What if your immigration lawyer gets fined mid-hearing — and that fine affects your case? The Department of Justice has proposed a new rule that would let immigration judges issue civil money penalties for contempt of court. For anyone in removal proceedings, this changes the stakes inside the courtroom.
Right now, immigration judges have limited tools to control what happens in their courtrooms. A proposed rule from the Executive Office for Immigration Review (EOIR) — the DOJ agency that runs immigration courts — would change that. Under the proposal, judges could fine attorneys, witnesses, and in some cases immigrants themselves for behavior that disrupts or disrespects the court's authority. The comment period for this proposed rule closes on September 28, 2026.
What the proposed rule would actually do
The rule would define exactly what counts as contempt in immigration court. It would set up a step-by-step process: a judge issues a warning, then can start a formal contempt proceeding with its own separate case file. If a penalty is imposed, the person has the right to appeal to the Board of Immigration Appeals (BIA) — the body that reviews immigration court decisions. If someone is removed from the US before a decision is issued, the contempt case gets dismissed. Payment of any fine would be due within 30 days of a final decision, or within 30 days of a federal court upholding the penalty if the case goes further.
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The rule also tightens rules for immigration lawyers. Under current regulations, attorneys must correct false evidence — but not false statements of law or fact. The proposed rule would fix that gap, bringing immigration court practice in line with standard legal ethics rules. EOIR data shows that roughly 46 practitioners faced disciplinary action in 2025 and 37 in 2026 so far. A formal contempt finding under the new rule could also trigger separate disciplinary proceedings against an attorney.
What to do
- If you have an upcoming immigration court hearing, ask your attorney how this proposed rule could affect courtroom conduct and your case strategy.
- If you want to comment on the proposed rule, submit your comments in English at regulations.gov using docket number EOIR-26-AB02 before September 28, 2026.
- If you cannot submit comments online, call EOIR's Office of Policy at (703) 305-0289 for alternate instructions.
- If your attorney is disciplined or sanctioned during your case, ask immediately whether you have the right to request a continuance or new representation.
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This proposed rule gives immigration judges a formal enforcement mechanism they have never had before. If you are in removal proceedings, you should know that a contempt finding against your attorney creates a separate record — and could lead to disciplinary action that disrupts your representation at a critical moment. If your attorney receives a warning from a judge during your hearing, ask them immediately what it means for your case timeline. Consult an immigration attorney to understand how courtroom conduct rules may affect your specific proceedings.
Frequently Asked Questions
Can an immigration judge fine me personally, not just my lawyer?
Yes. The proposed rule covers attorneys, witnesses, and certain immigrants present in the courtroom — either in person or by video or phone. However, if you are removed from the US before a decision is issued, the contempt case against you would be dismissed.
How much could the fine be?
The proposed rule does not set a fixed dollar amount in the sections summarized here. It establishes the process for determining and appealing penalties. For the exact fee structure, check the full rule text at regulations.gov under docket EOIR-26-AB02.
Is this rule already in effect?
No. This is still a proposed rule. The public comment period runs until September 28, 2026. The rule cannot take effect until EOIR reviews all comments and publishes a final version.
What happens if my attorney is sanctioned for contempt during my case?
A contempt finding against your attorney creates a separate court record. It could also trigger a disciplinary investigation. If your attorney faces sanctions, ask the judge whether you can request more time to find new representation before your case continues.