(Joshua Paladino, Headline USA) Attorney General Merrick Garland on May 9 directed immigration judges to consider the impact that deportation would have on each illegal alien’s “mental health” before issuing a judgment.
Garland updated the Justice Department‘s guidance based on a legal analysis of the Immigration and Nationality Act, according to the Western Journal.
The law states that non-citizens cannot apply for asylum or delayed deportation if they have “been convicted by a final judgment of a particularly serious crime” that “constitutes a danger to the community of the United States.”
Garland said that “immigration adjudicators may consider a respondent’s mental health” when determining if they pose a threat to the United States.
The decision to consider “mental health” in deportation decisions does not affect most illegal aliens but only those who committed a “particularly serious crime,” such as murder or rape.
Garland overruled a previous ruling, called G-G-S, that affirmed the clear text of the Immigration and Nationality Act. Former President Barack Obama‘s Justice Department made this ruling in 2014.
Fox News reporter Bill Melugin described the original intent of the INA.
Under U.S. law, illegal immigrants who have been convicted of aggravated felonies or “particularly serious crimes”, and are found to be a danger to the US are barred from receiving US asylum.
Under previous ruling, mental health was not to be considered. Garland just overruled.— Bill Melugin (@BillFOXLA) May 10, 2022
President Joe Biden reportedly wants to transfer asylum decisions from the extra-constitutional immigration adjudicators, who do not operate like normal Article III courts, to Citizenship and Immigration Services, a bureaucracy that operates under the Homeland Security Department.
Biden also ended Title 42, an emergency health provision that former President Donald Trump enacted to quickly deport illegal aliens during the COVID-19 outbreak.
With loose immigration rules and partisan bureaucratic judges, Biden could streamline millions of asylum claims and further flood the nation with illegal aliens.
