The Biden administration has said that judges may take into consideration the mental health of criminal illegal immigrants who have been convicted of “particularly serious crimes” when considering asylum cases.
Under the Immigration and Nationality Act, illegal immigrants seeking entry into the country would be made ineligible for both asylum and withholding of removal—whereby illegal immigrants remain in the United States after demonstrating that they would likely face persecution in their country of origin due to their race, nationality, religion, or political opinion, among others—if they have been convicted of a “particularly serious crime” and are found to be a danger to the community of the United States.
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