SEND THEM BACK Act of 2025

Bill Number

H.R. 190

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Immigration

Status

Introduced

Latest Action

2025-01-03: Referred to the House Committee on the Judiciary.

Last Updated

2025-02-19T20:30:57Z

AI-Generated Summary

Purpose of the Legislation

The "SEND THEM BACK Act of 2025" (H.R. 190) aims to streamline the deportation process for certain undocumented immigrants by mandating expedited removal for those who entered the United States illegally on or after January 20, 2021, regardless of asylum claims.

Key Provisions

• Mandatory Expedited Removal: Any non-citizen (referred to as an "alien" in the bill) who entered the U.S. illegally since January 20, 2021, must be subject to expedited removal—a fast-track deportation process—overriding other laws. This applies even if the individual expresses intent to seek asylum (protection from persecution) or indicates fear of returning to their home country.
• Exception for Military Members: The expedited removal rule does not apply to non-citizens who are active members of the U.S. Armed Forces as of January 1, 2025.

Significant Changes to Existing Law

• This bill overrides existing immigration laws that typically allow individuals to pursue asylum claims or other protections before removal, effectively eliminating the standard review process for the specified group.
• It expands the use of expedited removal, which under current law (like Section 235(b) of the Immigration and Nationality Act) is limited to recent border crossers without established U.S. ties, by applying it retroactively to entries since 2021.

Potential Impacts

• On Government Agencies: Immigration enforcement bodies, such as U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), would face increased workloads for rapid deportations, potentially requiring more resources for processing and logistics.
• On Citizens and Residents: U.S. citizens and legal residents may see faster resolution of unauthorized immigration cases, but it could indirectly affect communities with mixed-status families through family separations.
• On International Relations: Deportations to countries of origin could strain diplomatic ties with nations receiving large numbers of returnees, particularly if those countries lack capacity to reintegrate them, and might lead to bilateral agreements or disputes over migration policies.

Main Stakeholders Affected

• Undocumented Immigrants: Primarily those who entered illegally since January 20, 2021, facing swift deportation without asylum opportunities (except military members).
• U.S. Government Agencies: DHS, CBP, ICE, and the Department of Defense, which handle enforcement and exceptions.
• U.S. Military: Active non-citizen service members protected from removal.
• Foreign Governments and Communities: Countries receiving deportees, potentially impacted by sudden influxes.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: The bill's override of asylum procedures could conflict with international obligations under the 1951 Refugee Convention (incorporated into U.S. law via the 1980 Refugee Act), potentially leading to court challenges over due process rights under the Fifth Amendment (which requires fair legal procedures).
• Constitutional Implications: By limiting access to asylum hearings, it may raise concerns about equal protection and non-refoulement (the principle of not returning people to places where they face harm), though expedited removal has been upheld in past Supreme Court cases like Department of Homeland Security v. Thuraissigiam (2020).
• Political Implications: The bill's acronym and timing (post-2021 administration start) suggest a partisan focus on border security, likely sparking debates on immigration reform, humanitarian protections, and executive versus congressional authority over enforcement.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Ogles, Andrew [R-TN-5]

Cosponsors (5)

Rep. Biggs, Andy [R-AZ-5], Rep. Clyde, Andrew S. [R-GA-9], Rep. Brecheen, Josh [R-OK-2], Rep. Mace, Nancy [R-SC-1], Rep. Moore, Barry [R-AL-1]

Recent Actions

• 2025-01-03: Referred to the House Committee on the Judiciary.
• 2025-01-03: Introduced in House
• 2025-01-03: Introduced in House

Bill Versions

• Sending Evading Non-Documented Threats Home Especially Migrants Biden Accepted Carelessly and Knowingly Act of 2025 — issued 2025-01-03 — PDF (2 pages)