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Authority Delayed Is Authority Denied: Giving Immigration Judges Contempt Authority

Introduction Twenty-two years ago, the United States Congress passed a law giving immigration judges civil contempt authority but delegated to the Attorney General of the United States the duty to draft the implementing regulations. Four U.S. Presidents and eight U.S. Attorneys General later, immigration judges still do not have contempt power. Why? Because, in defiance of a congressional statute, the Justice Department has failed to issue an implementing regulation.

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