New DOJ rule would allow immigration judges to hold lawyers in contempt
Summary
The Justice Department wants to give federal immigration judges new power to punish lawyers, their clients, and witnesses if they break court orders by holding them in contempt and imposing fines. This rule would not apply to government lawyers, sparking criticism that it is unfair and might violate the Constitution.Key Facts
- The Justice Department proposes allowing immigration judges to hold attorneys, clients, and witnesses in contempt for violating court orders.
- Judges could impose fines from $1,000 to $3,500 under the new rule.
- Federal government lawyers, like those from Department of Homeland Security (DHS), would be exempt from contempt orders.
- Critics say this creates an unfair system that targets immigration attorneys but not government lawyers.
- Immigration courts belong to the executive branch, which some experts say does not have authority to hold contempt under the Constitution.
- The rule comes amid mass departures of immigration judges and a backlog of over 3.5 million cases.
- The public has 60 days to review and comment on the proposed rule.
- The Justice Department claims government attorneys are disciplined internally, so contempt authority over them is unnecessary.
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