The Justice Department has proposed giving federal immigration judges the authority to hold attorneys, migrants and witnesses in contempt for violating court orders, marking a significant expansion of the powers of courts that are part of the executive branch.
Under the proposed rule, published in the Federal Register, immigration judges would be able to impose civil fines ranging from $1,000 to $3,500 for conduct including repeatedly failing to appear on time, disobeying court orders, making false statements or engaging in disorderly behavior.
The proposal, reported by CBS News, would, for the first time, give immigration judges explicit authority to issue contempt sanctions, but it exempts Department of Homeland Security attorneys and other federal employees from those penalties.
The Justice Department said the change is needed because "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." It argued that government attorneys are already subject to oversight by the DHS Office of Inspector General and the Office of Professional Responsibility.
Critics said the exemption creates an uneven system. Gregory Chen of the American Immigration Lawyers Association called the proposal "constitutionally flawed," arguing it targets immigration attorneys while shielding government lawyers.
Other legal experts told CBS News that immigration courts, which operate under Article II of the Constitution, may lack the authority to exercise contempt powers reserved for the judicial and legislative branches. The proposal will be open for public comment for 60 days.
The proposal comes as the administration continues to reshape the immigration court system. A rule that took effect July 27 allows U.S. Citizenship and Immigration Services to send many affirmative asylum cases directly to immigration court without first requiring an interview with a trained asylum officer.
DHS said that change is intended to reduce an asylum backlog of roughly 1.4 million cases, while critics argue it could send more asylum seekers into removal proceedings without an initial opportunity to present their claims.
The immigration courts are also contending with a broader backlog of more than 3.5 million cases. In recent months, courts have increasingly relied on large "mega master" hearings involving more than 100 cases at a time, while the administration has expanded hiring of immigration judges as it seeks to accelerate deportation proceedings.
