DOJ Proposes Rule to Allow Immigration Judges to Hold Lawyers in Contempt

The U.S. Justice Department is advancing a new rule that would grant federal immigration judges the authority to hold attorneys, their clients, and witnesses in contempt of court. This significant shift from historical practice would allow judges to impose fines ranging from $1,000 to $3,500 for continued defiance of court orders. The Executive Office for Immigration Review (EOIR), which oversees the immigration court system, put forth the regulatory proposal.

Legal experts are raising concerns that the proposed rule could be unconstitutional. A key point of contention is the exemption of federal government employees, including Department of Homeland Security (DHS) attorneys, from being subject to contempt orders by immigration judges. Critics argue this creates a "lopsided and unfair scenario" where potential government misconduct could go unchecked, contrasting sharply with the powers of Article III judges in federal district courts, who can hold all appearing attorneys in contempt.

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It is crucial for immigration judges to have every tool available, including the authority to impose civil money penalties, to control the proceedings before them.

The Justice Department defends the proposal by stating that immigration judges need "every tool available" to manage proceedings. They argue that sanctioning government lawyers is unnecessary, as DHS attorneys can be disciplined through internal channels like the Office of the Inspector General or the Office of Professional Responsibility. However, Gregory Chen, senior director of government relations at the American Immigration Lawyers Association, condemned the proposal, calling it "completely skewed" and an effort to "target immigration attorneys" in line with the President's "intimidation tactics."

This proposed rule is the latest in a series of actions by the Trump administration aimed at tightening immigration enforcement and advancing mass deportation policies. The EOIR has seen a significant departure of judges, with hundreds leaving since last year, some reportedly fired without cause. The immigration court system is currently grappling with a backlog of over 3.5 million cases. Former immigration judges have spoken out about pressures to expedite deportations or detain individuals without bond, with job advertisements for replacement judges even referring to the role as a "deportation judge."

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By proposing a completely skewed regulation that empowers judges to hold in contempt only the attorneys for immigrants but not ICE attorneys, the Administration has revealed that its goal has nothing to do with the just and balanced rule of law. Instead, this rule is another effort to target immigration attorneys that falls in line with the President's intimidation tactics.