Rep. Nehls Introduces Bill to End Practice of Granting Asylum to Criminal Migrants Who Declare Mental Illness
WASHINGTON, DC – Today, Congressman Troy E. Nehls (R-TX-22) introduced the Asylum Claims Improvement Act of 2022, which would prevent judges from taking into account the mental health of an illegal alien convicted of an aggravated felony when considering their asylum claim or whether to withhold their removal. Specifically, the bill would rescind Section 208(b)(2) of the Immigration and Nationality Act to add a "Mental Health Consideration."
The Immigration and Nationality Act makes illegal immigrants ineligible for both asylum and withholding of removal if they have been convicted of a "particularly serious crime" that constitutes a danger to the community. However, Attorney General Merrick Garland recently found, "In some circumstances, a respondent's mental health condition may indicate that the respondent does not pose a danger to the community" and determined it was appropriate to overrule a prior decision that found mental health should not be considered when determining the seriousness of a crime.
"America is already facing an immigration crisis and a mental health crisis, we cannot exacerbate both by giving criminal immigrants who claim mental illness a free pass into our country," said Congressman Nehls. "This is common sense for most Americans, but not AG Garland. His decision to require judges to take into account mental health factors of dangerous immigrant criminals will not be tolerated. Time after time, the Biden administration has shown they have no interest in stopping the border crisis, in fact, their policies indicate that they welcome it. If the Biden Administration won't act, Republicans will."
The bill has support from the Federation for American Immigration Reform (FAIR), Citizens for Renewing America, and Advocates for Victims of Illegal Alien Crime (AVIAC)
"It would be ludicrous to allow mental health to be considered for an asylum claim or withholding of deportation," said Don Rosenberg, President of Advocates for Victims of Illegal Alien Crime (AVIAC). "Our country already cannot sufficiently support all Americans with mental health concerns, let alone those who are criminal illegal aliens. Without this legislation, we will become swamped with criminal asylum seekers who will further tax our systems and more likely end up homeless on the streets with the potential to commit further crime."
"While President Biden continues to leave the southern border wide open to an unrelenting illegal invasion, his Justice Department is inventing new ways to subvert the law," said Wade Miller, Executive Director of Citizens for Renewing America. "Attorney General Merrick Garland has declared "mental health" as a justification for granting asylum to illegals that would otherwise be deported. Rep. Troy Nehls' bill, which would keep illegals with a history of violent crime out of the United States, is the kind of leadership needed to keep American citizens safe."
"Instead of addressing any real pull-factors that are fueling the crisis on the border, the Biden administration's top immigration goal is to grant asylum to every migrant who makes a fear claim, all while reducing immigration detention and removals for those mandated by law," said Dan Stein, President of the Federation for American Immigration Reform (FAIR). "One recent example of this strategy is Attorney General Merrick Garland telling immigration judges to second guess criminal court convictions and, instead, evaluate the mental health of aliens convicted serious crimes when evaluating their eligibility for asylum. Congressman Nehls' bill provides a simple solution – it prevents immigration judges from invalidating the immigration consequences of a serious criminal conviction on the basis of the perceived mental health status of the criminal alien. We applaud his efforts to address one of the countless attempts by the Biden administration to gut the rule of law and destroy the asylum process."
Cosponsors include Jefferson Van Drew (R-NJ), Brian Babin (R-TX), Tom Tiffany (R-WI), Randy Weber (R-TX), Lauren Boebert (R-CO), Ronny Jackson (R-TX), Louie Gohmert (R-TX), Byron Donalds (R-FL), Madison Cawthorn (R-NC), and Ralph Norman (R-SC).