Comment Opposing Rule Which Would Give Immigration Judges Contempt Authority—Only Towards Noncitizens and Their Counsel

On July 30, 2026, the Executive Office for Immigration Review issued a proposed rule which would allow immigration judges to hold noncitizens, their counsel, and their witnesses in contempt of court. The rule would not extend similar contempt authority to DHS or its witnesses. The National Immigration Project submitted a comment strongly opposing the rule for its clear bias against noncitizens and potential chilling effect on noncitizens’ counsel’s ability to engage in zealous advocacy for their clients.