Immigration
Oct. 2, 2026
Immigration lawyers warn new contempt powers could chill advocacy
A new Justice Department rule giving immigration judges authority to impose monetary contempt penalties has drawn objections from immigration and legal ethics attorneys who say its one-sided application could deter vigorous advocacy. Supporters say judges need the power to curb misconduct and manage a massive case backlog.
Immigration lawyers and legal ethics experts are warning that new contempt powers for immigration judges could chill aggressive representation of noncitizens, while supporters say the authority is long overdue in a court system struggling with a multimillion-case backlog.
The Executive Office for Immigration Review published an interim final rule July 30 implementing authority Congress granted in 1996 to allow immigration judges to impose civil monetary penalties for contemptuous ...
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