DOJ Says 'No Thanks' to 10 Rulemaking Pleas on Immigration, Enforcement
Published Date: 9/25/2026
Proposed Rule
Summary
The Department of Justice reviewed 10 requests asking them to create new rules but decided not to make any changes. This affects people interested in immigration and law enforcement rules, with no new costs or deadlines announced. The DOJ is sticking with current rules and legal decisions for now.
Analyzed Economic Effects
7 provisions identified: 1 benefits, 5 costs, 1 mixed.
No rulemaking on 'unable or unwilling' refugee test
The Department of Justice refused requests to write new rules about the meaning or application of the “unable or unwilling” part of the refugee definition and said the Attorney General's decision in Matter of S-S-F-M- (2025) is the controlling legal framework. That means asylum applicants should expect the current case-law approach and case-by-case legal adjudication to continue.
No custody/bond procedure changes
The DOJ denied members of Congress' request to change immigration custody procedures (including shifting burdens in bond hearings, requiring consideration of ability to pay when setting bond, and creating review of mandatory detention), citing a 2025 Executive Order directing broad detention policy. Existing rules about custody and detention remain in place.
No immediate TVPRA rulemaking
The DOJ declined a separate request to promulgate regulations implementing parts of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA) and said it is already considering related regulatory action listed in the Spring 2025 Unified Agenda (RIN 1125-AA70). Petitioners asking for an immediate regulatory decision will not get new rules now, though the Department left open the possibility of future rulemaking.
DOJ cannot change DHS asylum interpreter rules
DOJ denied a petition asking it to adopt regulations requiring interpreters for affirmative asylum interviews before USCIS, explaining that authority over affirmative asylum adjudications and the relevant regulation (8 CFR 208.9(g)(1)) rests with the Department of Homeland Security. No change to DOJ rules on interpreters for USCIS interviews will be made by DOJ.
No new review of Alternatives to Detention (ATD) supervision
DOJ denied a petition asking it to adopt regulations allowing Immigration Judge review of supervision conditions for aliens enrolled in DHS Alternatives to Detention (ATD) programs, citing a January 20, 2025 Executive Order directing detention to the maximum extent authorized by law. Requests to create such review procedures will not be implemented by DOJ now.
DOJ rejects loosening EKRA limits on lab sales pay
The Department denied the American Clinical Laboratory Association's request to allow laboratories to pay variable or commission-style compensation to employed sales representatives unless they knowingly provided false information, citing the Eliminating Kickbacks in Recovery Act of 2018 (EKRA) and court decisions. DOJ said allowing such compensation would risk reintroducing kickback structures that can lead to overutilization, unnecessary testing, and increased health care costs.
No new ATF licensing for 'high-velocity' ammunition
The Bureau of Alcohol, Tobacco, Firearms and Explosives declined a petition to create a new licensing requirement for possession of so-called “high-velocity” ammunition, explaining it lacks statutory authority to regulate the sale or mere possession of standard ammunition and that existing law regulates only armor-piercing ammunition based on materials. Current rules on ammunition possession remain unchanged.
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