RAICES Bulletin: DOJ Escalates Attack on Immigration Attorneys
By RAICES Public Affairs Director Javier Hidalgo, Esq.
TL;DR The Department of Justice’s (DOJ) Executive Office of Immigration Review (EOIR) proposed a rule empowering Immigration Judges to impose significant contempt fines on immigration attorneys, advocates, and respondents. The rule explicitly exempts government attorneys. This proposed rule will chill zealous advocacy, erode due process, and accelerate removals.
WHAT TO KNOW
Issue: On July 30, 2026, EOIR proposed a rule allowing Immigration Judges (IJs) to impose contempt fines. IJs could fine attorneys, accredited representatives, respondents, and witnesses between $1,000 and $3,500 for conduct ranging from tardiness to alleged misrepresentations. Federal employees, including attorneys, are explicitly exempt.
Rationale: The DOJ claims this rule uses existing statutory authority to help IJs control courtrooms and prevent fraud. Citing a backlog of over 3.5 million cases, the agency argues these penalties will deter behavior that disrupts removal proceedings. The DOJ also frames the rule as aligning with the administration's broader goals to combat legal system abuse.
RAICES Impact: As a nonprofit legal service provider, RAICES faces direct threats to its staff and operational capacity. Attorneys and representatives could face financial sanctions and immediate suspension from EOIR practice for unpaid penalties. This rule weaponizes the courtroom against civil rights advocates, chilling advocacy and straining nonprofit resources.
Community Impact: The rule creates a deeply intimidating environment for immigrants and asylum seekers. By allowing direct financial penalties against noncitizens, individuals may abandon legitimate claims to avoid financial ruin. Furthermore, exempting government attorneys creates an uneven playing field, disadvantages immigrant communities, and isolates them from legal representation.
Related Legal Battles: Amidst a flurry of policies designed to fast-track deportations and limit counsel, this rule will likely spark legal challenges. The rule permits appeals, which require a $675 filing fee. If implemented, practitioners should monitor ensuing federal litigation stemming from the appeals process.
Broader Immigration Strategy: This rule appears to fulfill DHS and ICE's May 26, 2026, threat to target immigration attorneys. It systematically stacks the deck against noncitizens in a clear attempt to erode due process and access to counsel. Aligning with broader intimidation tactics—such as purging veteran judges to recast the judiciary for rapid deportations—this strategy aims to instill fear, exhaust advocates, and accelerate removals.
