Bill Overview
Title: Asylum Claims Improvement Act of 2022
Description: This bill prohibits the Department of Homeland Security (DHS) from taking into account the mental health of a non-U.S. national (alien under federal law) when determining whether that individual qualifies as a refugee. (Generally, a refugee is an individual who is unable to return to their country because of persecution or a well-founded fear of persecution on account of certain characteristics, such as race or religion.) The bill also prohibits DHS from taking into account a non-U.S. national's mental health when determining whether that individual is protected by a provision that generally prohibits removing an individual to a country where that individual's life or freedom would be threatened.
Sponsors: Rep. Nehls, Troy E. [R-TX-22]
Target Audience
Population: People seeking asylum globally who may be affected by mental health regulations in asylum decisions
Estimated Size: 50000
- The bill relates to asylum seekers, who are individuals seeking protection in a country they are not nationals of due to fear of persecution.
- Refugee cases often involve significant numbers globally due to conflicts, human rights abuses, and other forms of persecution in various countries.
- Taking into account mental health in asylum and refugee status decisions is part critical part of current evaluations. Many people seeking asylum may have mental health concerns due to trauma and persecution.
- In 2020, UNHCR reported the global number of forcibly displaced people exceeded 70 million, some of whom may seek asylum in countries such as the USA.
- The lack of consideration for mental health in asylum proceedings could damage the prospects for many who require special protection due to having been subjected to torture, trauma, or other severe human rights abuses.
Reasoning
- The policy targets those seeking asylum in the U.S. but excludes considerations of mental health from their evaluations, leading to potential negative impacts for individuals for whom mental health is a significant part of their claim.
- The budget constraints imply a limited capacity for program implementation or enforcement, suggesting that only a sub-group of the affected populations will see direct impacts.
- Considering the volume of asylum claims and potential number of affected individuals, not all individuals who might be impacted by this policy change can realistically experience significant changes in quality of life, especially when the capacity of the program is considered within the stated budget.
- Many asylum seekers suffer from trauma, which complicates their applications if mental health is not considered, suggesting potential drops in wellbeing for this subgroup of applicants.
- The broad estimates of global asylum seekers mapped to the U.S. context show that the target population specific to this policy may reach tens of thousands, but only a certain percentage will experience significant change.
Simulated Interviews
Asylum Seeker (Los Angeles, CA)
Age: 36 | Gender: male
Wellbeing Before Policy: 3
Duration of Impact: 5.0 years
Commonness: 12/20
Statement of Opinion:
- I fear that without consideration of my mental struggles, my claim will be at risk despite genuine threats to my life in Honduras.
- Mental health is a part of my life every day, and ignoring it feels like the U.S. will not see my complete situation.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 3 | 4 |
| Year 2 | 3 | 5 |
| Year 3 | 2 | 6 |
| Year 5 | 2 | 5 |
| Year 10 | 1 | 5 |
| Year 20 | 1 | 4 |
NGO Worker (Houston, TX)
Age: 29 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 10.0 years
Commonness: 8/20
Statement of Opinion:
- This policy makes my work harder, as mental health is crucial in understanding the true threat asylum seekers are under.
- It's frustrating because mental health shouldn't be neglected—it affects their entire case.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 6 | 8 |
| Year 20 | 7 | 8 |
Immigration Lawyer (Chicago, IL)
Age: 45 | Gender: female
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 9/20
Statement of Opinion:
- Ignoring mental health undermines comprehensive legal representation for asylum seekers.
- I'm worried this change might complicate my clients’ cases, making them more vulnerable.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 5 |
| Year 2 | 4 | 6 |
| Year 3 | 4 | 6 |
| Year 5 | 5 | 6 |
| Year 10 | 6 | 7 |
| Year 20 | 7 | 7 |
Policy Analyst (Washington, D.C.)
Age: 57 | Gender: male
Wellbeing Before Policy: 6
Duration of Impact: 2.0 years
Commonness: 6/20
Statement of Opinion:
- The policy seems like a step back for asylum protocols where mental health plays a critical role.
- I foresee a reduction in successful asylum claims where mental health is a pivotal factor.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 5 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 6 | 7 |
Tech Worker (San Francisco, CA)
Age: 24 | Gender: male
Wellbeing Before Policy: 8
Duration of Impact: 3.0 years
Commonness: 10/20
Statement of Opinion:
- My own journey included handling mental health concerns, and I believe excluding this can lead to unfair decisions.
- This change doesn’t align with what I feel America should stand for—valuing the full person.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 8 | 9 |
| Year 2 | 7 | 9 |
| Year 3 | 7 | 9 |
| Year 5 | 8 | 9 |
| Year 10 | 8 | 9 |
| Year 20 | 9 | 9 |
Clinical Psychologist (Miami, FL)
Age: 40 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 5.0 years
Commonness: 5/20
Statement of Opinion:
- Excluding mental health in crucial decisions can negatively affect many individuals impacting their integration and recovery.
- I expect more strain on support services when claims are denied.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 8 |
| Year 3 | 5 | 8 |
| Year 5 | 6 | 8 |
| Year 10 | 7 | 8 |
| Year 20 | 8 | 8 |
Community Organizer (New York, NY)
Age: 34 | Gender: female
Wellbeing Before Policy: 6
Duration of Impact: 7.0 years
Commonness: 7/20
Statement of Opinion:
- As someone who helps connect asylum seekers with resources, this change will add barriers for already vulnerable individuals.
- This also attacks community relationships we’ve built on trust and understanding.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 6 |
| Year 2 | 5 | 6 |
| Year 3 | 5 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 7 | 8 |
| Year 20 | 7 | 8 |
Public Defender (Phoenix, AZ)
Age: 48 | Gender: male
Wellbeing Before Policy: 5
Duration of Impact: 10.0 years
Commonness: 4/20
Statement of Opinion:
- This bill seems illogical given the vital role mental health plays in determining true threats asylum seekers face.
- It forces lawyers like me to rely on less holistic approaches in defending rights.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 4 | 6 |
| Year 2 | 4 | 6 |
| Year 3 | 4 | 7 |
| Year 5 | 5 | 7 |
| Year 10 | 6 | 7 |
| Year 20 | 6 | 7 |
Journalist (Seattle, WA)
Age: 50 | Gender: female
Wellbeing Before Policy: 7
Duration of Impact: 3.0 years
Commonness: 4/20
Statement of Opinion:
- This policy weakens the reality of many stories I’ve covered linking mental health with legitimate asylum claims.
- Media coverage will need to highlight the impacts on real human lives even more.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 6 | 7 |
| Year 2 | 6 | 7 |
| Year 3 | 6 | 7 |
| Year 5 | 7 | 8 |
| Year 10 | 8 | 8 |
| Year 20 | 8 | 8 |
Human Rights Activist (Atlanta, GA)
Age: 31 | Gender: other
Wellbeing Before Policy: 6
Duration of Impact: 8.0 years
Commonness: 5/20
Statement of Opinion:
- This policy cuts off crucial protection mechanisms for people who have experienced trauma.
- I'm concerned about the international implications of adopting such stances.
Wellbeing Over Time (With vs Without Policy)
| Year | With Policy | Without Policy |
|---|---|---|
| Year 1 | 5 | 7 |
| Year 2 | 5 | 7 |
| Year 3 | 5 | 7 |
| Year 5 | 6 | 7 |
| Year 10 | 6 | 8 |
| Year 20 | 7 | 8 |
Cost Estimates
Year 1: $10000000 (Low: $5000000, High: $15000000)
Year 2: $10500000 (Low: $5250000, High: $15750000)
Year 3: $11025000 (Low: $5512500, High: $16537500)
Year 5: $12155000 (Low: $6077500, High: $18232500)
Year 10: $14808400 (Low: $7404200, High: $22212600)
Year 100: $39735300 (Low: $19867650, High: $59602950)
Key Considerations
- Increase in asylum applicants due to removal of mental health evaluation may strain existing resources at DHS.
- Potential for increased legal challenges and appeal processes could justifiably increase costs as mental health is a significant factor in many current asylum decisions.
- Long-term considerations should be taken into account for the integration and potential contribution of asylum seekers to the U.S. economy.