HR 190119th CongressIn Committee

SEND THEM BACK Act of 2025

Introduced: Jan 3, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The SEND THEM BACK Act of 2025 is a House bill that would drastically change how certain undocumented entrants are processed. It would authorize expedited removal for aliens who entered the United States illegally on or since January 20, 2021, even if they indicated an intent to apply for asylum or claimed a fear of persecution. In other words, there would be a streamlined removal process that could bypass typical asylum procedures for a large group of people who crossed illegally in recent years. The bill also creates a notable exception: individuals who are currently serving in the U.S. Armed Forces as of January 1, 2025 would not be subject to expedited removal. The short title of the bill explicitly celebrates aggressive removal, reflected in the formal name “SEND THEM BACK Act of 2025.” The text provided only includes Sections 1 and 2. Section 2 sets the core policy change but does not detail the procedures, appeals, or how such removals would be carried out administratively or judicially. As introduced, the bill would override other laws “Notwithstanding any other provision of law,” signaling a broad preemption of existing asylum and immigration procedures for the targeted group. The bill was introduced in January 2025 in the House and referred to the Judiciary Committee.

Key Points

1Expedited removal for a broad group: The bill would subject aliens who entered illegally on or since January 20, 2021, to expedited removal, even if they showed an intention to apply for asylum or claimed fear of persecution.
2Notwithstanding provision: The expedited removal directive would override existing immigration laws and procedures, meaning it would preempt other protections or avenues typically available to asylum seekers or other migrants.
3Military exemption: The policy does not apply to individuals who are or were “currently a member of the Armed Forces of the United States as of January 1, 2025,” creating a narrow carve-out for service members.
4Short and long title: The bill has a formal short title (SEND THEM BACK Act of 2025) and a long, descriptive title that references “Sending Evading Non-Documented Threats Home…” which appears to be a stylistic or political descriptor accompanying the bill’s naming.
5Legislative status and sponsorship: Introduced in the House on January 3, 2025 by Rep. Ogles and several co-sponsors (as listed in the bill text) and referred to the Committee on the Judiciary.

Impact Areas

Primary group/area affected- Undocumented immigrants who entered the United States illegally on or after January 20, 2021. These individuals would be subject to expedited removal, potentially clearing the way for quicker deportations without full asylum review.Secondary group/area affected- U.S. border enforcement agencies and immigration courts. Expedited removal changes would pressure DHS/CBP and the immigration court system to process removals more rapidly, potentially altering caseloads and procedures.- Individuals seeking asylum or claiming fear of persecution. Although not directly named as the target, the bill limits or bypasses typical asylum procedures for the affected group.Additional impacts- Legal and constitutional considerations: By overriding other laws and altering asylum processing, the bill could raise due process concerns and invite litigation challenging the scope and implementation of expedited removal.- Human impact considerations: Rapid removals can affect families, access to counsel, and the ability to present evidence or arguments in favor of asylum or other relief.- Policy signal and political implications: The bill reflects a hardline stance on unauthorized entry and asylum policy and would likely influence debates over immigration enforcement priorities and resource allocation.The text provided includes only Sections 1 and 2 of the bill; it does not include other sections that would typically specify procedures, penalties, funding, or detailed enforcement mechanisms.The general intent is a significant shift toward faster removal of a large tranche of recent illegal entrants, with a limited exemption for U.S. military service members.

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