Homeland Security Department, Justice Department, Executive Office for Immigration Review Briefing 2026-10-14
Estimated reading time: 5 minutes
Title: 1. Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations
Sub: Homeland Security Department, Justice Department, Executive Office for Immigration Review
Content: On June 27, 2025, the Departments issued an interim final rule ("IFR") to streamline assessment of civil penalties under the Immigration and Nationality Act ("INA") for aliens who fail to depart during a voluntary departure period, willfully fail or refuse to depart after a final removal order and certain other proscribed activities, or are apprehended while improperly entering or attempting to enter the United States. This final rule addresses comments and finalizes the IFR with one change: it permits acceptance of a late-filed appeal based on documented mail delivery delays that ICE finds were beyond the alien's control.
Title: 2. Notice of Lodging of Proposed Fourth Amended Consent Decree Under the Clean Water Act
Sub: Justice Department
Title: 3. Schedules of Controlled Substances: Temporary Placement of 7- Hydroxymitragynine and Mitragynine Pseudoindoxyl Above a Specified Threshold in Schedule I
Sub: Justice Department, Drug Enforcement Administration
Content: The Administrator of the Drug Enforcement Administration (DEA) is issuing this notice of intent to publish a temporary order to schedule 7-hydroxymitragynine and mitragynine pseudoindoxyl (including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible) when either substance alone, or their combined amount if both are present, is above a specified threshold, in schedule I of the Controlled Substances Act (CSA). Based on a different threshold provided by the Department of Health and Human Services (HHS) in July of 2025, DEA published a notice of intent to temporarily schedule 7-hydroxymitragynine above that lower threshold on July 7, 2026. Additionally, DEA published a temporary order placing mitragynine pseudoindoxyl without a threshold in schedule I of the CSA on August 26, 2026. On October 8, 2026, HHS sent a letter recommending that DEA place of the CSA 7-hydroxymitragynine and mitragynine pseudoindoxyl in schedule I when either substance alone, or their combined amount if both are present, is above a new specified threshold. Based on the October 8, 2026 letter, DEA is issuing this notice of intent. While the new threshold recommended by HHS would permit certain products to remain in the marketplace without being subject to schedule I controls, neither HHS nor DEA has made a finding that these substances are safe to use at below-threshold levels. When a temporary order is issued, it will impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle 7- hydroxymitragynine and/or mitragynine pseudoindoxyl above the specified threshold. In a separate document contained in this issue of the Federal Register, DEA is withdrawing the July 7, 2026 notice of intent related to 7-hydroxymitragynine. The August 26, 2026 temporary order placing mitragynine pseudoindoxyl in schedule I of the CSA without a threshold remains in effect until either it expires or the new temporary order is published and the previous order is withdrawn, whichever occurs first.
Title: 4. Schedules of Controlled Substances: Temporary Placement of MGM-15 and MGM-16 in Schedule I
Sub: Justice Department, Drug Enforcement Administration
Content: The Drug Enforcement Administration (DEA) is issuing this notice of intent to publish a temporary order to schedule two 7- hydroxymitragynine-related substances (MGM-15 and MGM-16), including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible, in schedule I of the Controlled Substances Act (CSA). On August 26, 2026, DEA published a temporary order placing mitragynine pseudoindoxyl, MGM-15, and MGM-16 in schedule I of the CSA. Today, DEA is providing notice of its intent to publish a new temporary order for MGM-15 and MGM-16 that will maintain the temporary placement of these substances in schedule I of the CSA without change. Separately in this Federal Register, DEA is publishing a notice of intent relating to mitragynine pseudoindoxyl, in response to a letter sent by the Department of Health and Human Services (HHS) dated October 6, 2026. HHS's letter related only to mitragynine pseudoindoxyl. Therefore, DEA is publishing this notice of intent only for the technical and procedural purpose of distinguishing MGM-15 and MGM-16 from mitragynine pseudoindoxyl. When issued, the temporary scheduling order addressing MGM-15 and MGM-16 will continue to impose the regulatory controls and administrative, civil, and criminal sanctions applicable to schedule I controlled substances on persons who handle (manufacture, distribute, reverse distribute, import, export, engage in research, conduct instructional activities or chemical analysis with, or possess) or propose to handle these two 7-hydroxymitragynine-related substances. The August 26, 2026 temporary order placing these substances in schedule I of the CSA remains in effect until either it expires or the new temporary order is published and the previous order is withdrawn, whichever occurs first.
Title: 5. Katherine Curtis, N.P.; Decision and Order
Sub: Justice Department, Drug Enforcement Administration
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