PolicyBrief
H.R. 190
119th CongressJan 3rd 2025
SEND THEM BACK Act of 2025
IN COMMITTEE

The SEND THEM BACK Act of 2025 mandates the immediate deportation of undocumented immigrants who entered the U.S. on or after January 20, 2021, without consideration for asylum claims, excluding active U.S. military personnel.

Andrew Ogles
R

Andrew Ogles

Representative

TN-5

LEGISLATION

"SEND THEM BACK Act of 2025" Fast-Tracks Deportation for Recent Illegal Entrants, No Asylum Consideration

The "SEND THEM BACK Act of 2025," also known by its full, very descriptive name, "Sending Evading Non-Documented Threats Home Especially Migrants Biden Accepted Carelessly and Knowingly Act of 2025," does exactly what that mouthful of a title suggests. It greenlights the immediate deportation of any non-citizen who entered the U.S. illegally on or after January 20, 2021. No ifs, ands, or buts – and definitely no asylum hearings. (SEC. 2)

Zero Consideration

This bill isn't playing around. It specifically states that individuals can be deported even if they express a desire to seek asylum or say they fear persecution back home. (SEC. 2) Basically, if you crossed the border illegally after January 20, 2021, you're out, no questions asked. The only exception carved out is for members of the U.S. Armed Forces who were serving as of January 1, 2025. (SEC. 2) That date is key. If someone is wrongly classified as having entered after that date, this bill gives them no recourse.

Real-World Rush

Imagine a construction worker who overstayed a visa in 2022 or a small business owner who fled a dangerous situation in their home country and entered the U.S. without authorization in 2023. Under this bill, both could be immediately deported without any chance to present their case. This could lead to some seriously messed up situations, and not just for them. Think about the businesses that rely on these workers, or the communities that have welcomed them. This also means immigration officials have a lot of power to decide who this applies to. Mistakes, or worse, intentional misclassification, can lead to rapid deportations with zero chance for appeal.

The Big Picture

This bill throws a wrench in the existing immigration system. It bypasses the usual (already backlogged) process of asylum claims and due process. This could potentially put the U.S. at odds with international agreements on how we treat refugees and asylum seekers. It's a drastic measure, and it's going to have a big impact on a lot of people's lives, and not just the people being deported.