Prominent immigration attorney Willy Allen cautioned on Monday about a plan from the Trump administration that could authorize immigration judges to levy fines ranging from $1,000 to $3,500 for contempt against immigrants, defense lawyers, and witnesses. Allen sees this as a measure lacking legal foundation and aimed at intimidation.
The proposal was unveiled by the Executive Office for Immigration Review of the Department of Justice on July 30, 2026, and is currently open to public comment until September 28, 2026.
Challenges to Legal Authority
Allen firmly stated that immigration courts currently lack the authority to impose such fines. "Look, they do not have the power to issue fines. They may attempt to sanction attorneys through reports to the immigration courts or state bar associations. However, the matter of fines is beyond their jurisdiction."
The well-regarded Florida attorney predicted that the rule would face judicial challenges, particularly due to its unequal nature. "I suspect it will be contested in federal courts. Especially since the fines target only defense attorneys and immigrants, not attorneys in general."
Controversy Over Exclusion
A major contention among sector organizations is the exclusion of federal government attorneys, including those from ICE and the Department of Homeland Security, from these fines. The American Immigration Lawyers Association has criticized the proposal as a "completely biased regulation" that shields government prosecutors while penalizing only the defense.
Practical Concerns and Real-World Implications
Allen also expressed practical concerns regarding the enforcement of the measure. "Who will determine which orders are being followed? And how will they impose fines?"
He shared an anecdote about a peer who was recently fined nearly $250,000, partly due to the volume of asylum cases presented to the court.
To illustrate the difference between current and proposed powers, Allen recounted a personal story from about 35 years ago when a court judge fined him for an inappropriate remark directed at the prosecutor. "The judge says, 'I'm going to fine you, how much do you have in your wallet?' My wallet had like $40. I open it and hand over $40. And he asks, 'How much do you have in your pocket?' I say, 'Your Honor, we're talking about the wallet.'
This episode highlighted that while state and federal judges have such powers, the situation in immigration courts is different. "In immigration courts, I haven't been as restrained at times. So I was quite pleased they couldn't fine you."
Legal Basis and Historical Context
The proposal is based on Section 304 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, a power granted by Congress three decades ago that had never been developed into regulations. The Trump administration had already been imposing fines of up to $998 per day on immigrants with final deportation orders who remain in the country, with potential retroactive application for up to five years.
Understanding the Proposed Immigration Court Fines
What is the new proposal regarding fines in immigration courts?
The proposal allows immigration judges to impose fines of $1,000 to $3,500 for contempt against immigrants, defense attorneys, and witnesses.
Why is the proposal considered controversial?
It is controversial because it excludes federal government attorneys from these fines, prompting criticism of bias and unfair targeting of defense attorneys and immigrants.
What legal challenges could the proposal face?
The proposal may face challenges in federal courts, particularly due to its asymmetrical application and lack of legal basis in current immigration court powers.