SEND THEM BACK Act of 2025
- Sponsor
- Rep. Ogles, Andrew [R-TN-5]
- Committees
- Judiciary Committee (primary)
- Last action
- Jan 3, 2025
Bottom line
The "SEND THEM BACK Act of 2025" expands expedited removal authority to a broad class of illegal aliens who entered after the start of the current administration, explicitly curtailing asylum claims for this group.
What it actually does
This bill mandates the expedited removal of any alien who entered the United States illegally on or after January 20, 2021. It explicitly states that this expedited removal applies even if the alien expresses an intention to apply for asylum or a fear of persecution, overriding other provisions of law. An exception is made for aliens who are members of the U.S. Armed Forces as of January 1, 2025.
Proponents argue
Proponents argue that this bill is a necessary measure to restore border security and deter illegal immigration by swiftly removing individuals who have entered unlawfully. They contend that current asylum processes are being exploited, leading to an overwhelmed system and an open border, and that this bill provides a clear, decisive mechanism to enforce immigration laws and reduce the backlog.
Opponents contend
Opponents would likely argue that this bill severely undermines fundamental human rights and international asylum laws by eliminating due process for asylum seekers. They would contend that it could lead to the deportation of individuals genuinely fleeing persecution, violating U.S. and international legal obligations, and that it is an inhumane response to complex humanitarian issues at the border.
The bill text is extremely short and straightforward, allowing for a quick understanding of its core provisions.
Section 2(a)
Expedited Removal for Post-January 20, 2021 Illegal Entrants
This provision mandates that any individual who entered the United States illegally on or after January 20, 2021, must be subjected to expedited removal. Crucially, it overrides existing laws that might allow such individuals to claim asylum or express a fear of persecution, effectively streamlining their deportation process regardless of such claims.
Supporters argue
Supporters argue this provision is essential to regain control of the border and deter future illegal entries by demonstrating a clear consequence for unlawful entry. They believe it will reduce the burden on immigration courts and ensure that only legitimate asylum claims are processed, rather than those used to delay deportation.
Critics contend
Critics contend this provision is a radical departure from established asylum law and international human rights principles, denying due process to vulnerable individuals. They argue it could lead to the summary deportation of people genuinely fleeing persecution without a fair hearing, potentially violating non-refoulement obligations.
Tradeoffs
The provision balances the desire for stricter border enforcement and deterrence against international and domestic legal obligations to provide due process and asylum protections for individuals fleeing persecution. It prioritizes rapid removal over individual claim assessment.
Section 2(b)
Exception for U.S. Armed Forces Members
This subsection creates a specific exemption from the expedited removal mandate for any alien who is actively serving in the United States Armed Forces as of January 1, 2025. This means that military personnel who entered illegally after January 20, 2021, would not be subject to the immediate deportation outlined in the bill.