119-hr1050

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1050 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1050

 To amend the Immigration and Nationality Act with respect to aliens 
 associated with criminal gangs, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 6, 2025

 Mr. Buchanan (for himself, Mr. Weber of Texas, and Mr. Moore of West 
 Virginia) introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend the Immigration and Nationality Act with respect to aliens 
 associated with criminal gangs, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Criminal Alien Gang Member Removal 
Act''.

SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
 MEMBERS.

    (a) Definition of Gang Member.--

Section 101

    (a) of the Immigration 
and Nationality Act (8 U.S.C. 1101

    (a) ) is amended by adding at the end 
the following:
 ``

    (53) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons that has as one of 
its primary purposes the commission of 1 or more of the following 
criminal offenses and the members of which engage, or have engaged 
within the past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attorney General, as 
meeting these criteria. The offenses described, whether in violation of 
Federal or State law or foreign law and regardless of whether the 
offenses occurred before, on, or after the date of the enactment of 
this paragraph, are the following:
 ``
        (A) A `felony drug offense' (as defined in 

section 102 of 
 the Controlled Substances Act (21 U.S.C. 802)).
 ``
        (B) An offense under 

section 274 (relating to bringing in 
 and harboring certain aliens), 

section 277 (relating to aiding 
 or assisting certain aliens to enter the United States), or 
 

section 278 (relating to importation of alien for immoral 
 purpose).
 ``
            (C) A crime of violence (as defined in 

section 16 of 
 title 18, United States Code).
 ``
            (D) A crime involving obstruction of justice, tampering 
 with or retaliating against a witness, victim, or informant, or 
 burglary.
 ``
        (E) Any conduct punishable under sections 1028 and 1029 
 of title 18, United States Code (relating to fraud and related 
 activity in connection with identification documents or access 
 devices), sections 1581 through 1594 of such title (relating to 
 peonage, slavery, and trafficking in persons), 

section 1951 of 
 such title (relating to interference with commerce by threats 
 or violence), 

section 1952 of such title (relating to 
 interstate and foreign travel or transportation in aid of 
 racketeering enterprises), 

section 1956 of such title (relating 
 to the laundering of monetary instruments), 

section 1957 of 
 such title (relating to engaging in monetary transactions in 
 property derived from specified unlawful activity), or sections 
 2312 through 2315 of such title (relating to interstate 
 transportation of stolen motor vehicles or stolen property).
 ``
        (F) A conspiracy to commit an offense described in 
 subparagraphs
        (A) through
        (E) .''.

    (b) Inadmissibility.--

Section 212

    (a)

    (2) of such Act (8 U.S.C. 
1182

    (a)

    (2) ) is amended by adding at the end the following:
 ``
        (J) Aliens associated with criminal gangs.--Any 
 alien is inadmissible who a consular officer, the 
 Secretary of Homeland Security, or the Attorney General 
 knows or has reason to believe--
 ``
            (i) to be or to have been a member of a 
 criminal gang (as defined in 

section 101

    (a)

    (53) ); or
 ``
            (ii) to have participated in the 
 activities of a criminal gang (as defined in 
 

section 101

    (a)

    (53) ), knowing or having reason 
 to know that such activities will promote, 
 further, aid, or support the illegal activity 
 of the criminal gang.''.
            (c) Deportability.--

Section 237

    (a)

    (2) of the Immigration and 
Nationality Act (8 U.S.C. 1227

    (a)

    (2) ) is amended by adding at the end 
the following:
 ``
        (G) Aliens associated with criminal gangs.--Any 
 alien is deportable who--
 ``
            (i) is or has been a member of a criminal 
 gang (as defined in 

section 101

    (a)

    (53) ); or
 ``
            (ii) has participated in the activities 
 of a criminal gang (as so defined), knowing or 
 having reason to know that such activities will 
 promote, further, aid, or support the illegal 
 activity of the criminal gang.''.
            (d) Designation.--

    (1) In general.--Chapter 2 of title II of the Immigration 
 and Nationality Act (8 U.S.C. 1182) is amended by inserting 
 after 

section 219 the following:

 ``designation of criminal gang

 ``

Sec. 220.

    (a) Designation.--
 ``

    (1) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, may designate a group, club, 
organization, or association of 5 or more persons as a criminal gang if 
the Secretary finds that their conduct is described in 

section 101

    (a)

    (53) .
 ``

    (2) Procedure.--
 ``
        (A) Notification.--Seven days before making a designation 
 under this subsection, the Secretary shall, by classified 
 communication, notify the Speaker and Minority Leader of the 
 House of Representatives, the President pro tempore, Majority 
 Leader, and Minority Leader of the Senate, and the members of 
 the relevant committees of the House of Representatives and the 
 Senate, in writing, of the intent to designate a group, club, 
 organization, or association of 5 or more persons under this 
 subsection and the factual basis therefor.
 ``
        (B) Publication in the federal register.--The Secretary 
 shall publish the designation in the Federal Register seven 
 days after providing the notification under subparagraph
        (A) .
 ``

    (3) Record.--
 ``
        (A) In general.--In making a designation under this 
 subsection, the Secretary shall create an administrative 
 record.
 ``
        (B) Classified information.--The Secretary may consider 
 classified information in making a designation under this 
 subsection. Classified information shall not be subject to 
 disclosure for such time as it remains classified, except that 
 such information may be disclosed to a court ex parte and in 
 camera for purposes of judicial review under subsection
            (c) .
 ``

    (4) Period of Designation.--
 ``
        (A) In general.--A designation under this subsection 
 shall be effective for all purposes until revoked under 
 paragraph

    (5) or

    (6) or set aside pursuant to subsection
            (c) .
 ``
        (B) Review of designation upon petition.--
 ``
            (i) In general.--The Secretary shall review the 
 designation of a criminal gang under the procedures set 
 forth in clauses
            (iii) and
            (iv) if the designated 
 group, club, organization, or association of 5 or more 
 persons files a petition for revocation within the 
 petition period described in clause
            (ii) .
 ``
            (ii) Petition period.--For purposes of clause
            (i) --
 ``
            (I) if the designated group, club, 
 organization, or association of 5 or more 
 persons has not previously filed a petition for 
 revocation under this subparagraph, the 
 petition period begins 2 years after the date 
 on which the designation was made; or
 ``
            (II) if the designated group, club, 
 organization, or association of 5 or more 
 persons has previously filed a petition for 
 revocation under this subparagraph, the 
 petition period begins 2 years after the date 
 of the determination made under clause
            (iv) on 
 that petition.
 ``
            (iii) Procedures.--Any group, club, organization, 
 or association of 5 or more persons that submits a 
 petition for revocation under this subparagraph of its 
 designation as a criminal gang must provide evidence in 
 that petition that it is not described in 

section 101

    (a)

    (53) .
 ``
            (iv) Determination.--
 ``
            (I) In general.--Not later than 180 days 
 after receiving a petition for revocation 
 submitted under this subparagraph, the 
 Secretary shall make a determination as to such 
 revocation.
 ``
            (II) Classified information.--The 
 Secretary may consider classified information 
 in making a determination in response to a 
 petition for revocation. Classified information 
 shall not be subject to disclosure for such 
 time as it remains classified, except that such 
 information may be disclosed to a court ex 
 parte and in camera for purposes of judicial 
 review under subsection
            (c) .
 ``
            (III) Publication of determination.--A 
 determination made by the Secretary under this 
 clause shall be published in the Federal 
 Register.
 ``
            (IV) Procedures.--Any revocation by the 
 Secretary shall be made in accordance with 
 paragraph

    (6) .
 ``
            (C) Other review of designation.--
 ``
            (i) In general.--If in a 5-year period no review 
 has taken place under subparagraph
        (B) , the Secretary 
 shall review the designation of the criminal gang in 
 order to determine whether such designation should be 
 revoked pursuant to paragraph

    (6) .
 ``
            (ii) Procedures.--If a review does not take place 
 pursuant to subparagraph
        (B) in response to a petition 
 for revocation that is filed in accordance with that 
 subparagraph, then the review shall be conducted 
 pursuant to procedures established by the Secretary. 
 The results of such review and the applicable 
 procedures shall not be reviewable in any court.
 ``
            (iii) Publication of results of review.--The 
 Secretary shall publish any determination made pursuant 
 to this subparagraph in the Federal Register.
 ``

    (5) Revocation by Act of Congress.--The Congress, by an Act of 
Congress, may block or revoke a designation made under paragraph

    (1) .
 ``

    (6) Revocation Based on Change in Circumstances.--
 ``
        (A) In general.--The Secretary may revoke a designation 
 made under paragraph

    (1) at any time, and shall revoke a 
 designation upon completion of a review conducted pursuant to 
 subparagraphs
        (B) and
            (C) of paragraph

    (4) if the Secretary 
 finds that--
 ``
            (i) the group, club, organization, or association 
 of 5 or more persons that has been designated as a 
 criminal gang is no longer described in 

section 101

    (a)

    (53) ; or
 ``
            (ii) the national security or the law enforcement 
 interests of the United States warrants a revocation.
 ``
        (B) Procedure.--The procedural requirements of paragraphs

    (2) and

    (3) shall apply to a revocation under this paragraph. 
 Any revocation shall take effect on the date specified in the 
 revocation or upon publication in the Federal Register if no 
 effective date is specified.
 ``

    (7) Effect of Revocation.--The revocation of a designation under 
paragraph

    (5) or

    (6) shall not affect any action or proceeding based on 
conduct committed prior to the effective date of such revocation.
 ``

    (8) Use of Designation in Trial or Hearing.--If a designation 
under this subsection has become effective under paragraph

    (2) an alien 
in a removal proceeding shall not be permitted to raise any question 
concerning the validity of the issuance of such designation as a 
defense or an objection.
 ``

    (b) Amendments to a Designation.--
 ``

    (1) In general.--The Secretary may amend a designation 
 under this subsection if the Secretary finds that the group, 
 club, organization, or association of 5 or more persons has 
 changed its name, adopted a new alias, dissolved and then 
 reconstituted itself under a different name or names, or merged 
 with another group, club, organization, or association of 5 or 
 more persons.
 ``

    (2) Procedure.--Amendments made to a designation in 
 accordance with paragraph

    (1) shall be effective upon 
 publication in the Federal Register. Paragraphs

    (2) ,

    (4) ,

    (5) ,

    (6) ,

    (7) , and

    (8) of subsection

    (a) shall also apply to an 
 amended designation.
 ``

    (3) Administrative record.--The administrative record 
 shall be corrected to include the amendments as well as any 
 additional relevant information that supports those amendments.
 ``

    (4) Classified information.--The Secretary may consider 
 classified information in amending a designation in accordance 
 with this subsection. Classified information shall not be 
 subject to disclosure for such time as it remains classified, 
 except that such information may be disclosed to a court ex 
 parte and in camera for purposes of judicial review under 
 subsection
            (c) of this section.
 ``
            (c) Judicial Review of Designation.--
 ``

    (1) In general.--Not later than 30 days after publication 
 in the Federal Register of a designation, an amended 
 designation, or a determination in response to a petition for 
 revocation, the designated group, club, organization, or 
 association of 5 or more persons may seek judicial review in 
 the United States Court of Appeals for the District of Columbia 
 Circuit.
 ``

    (2) Basis of review.--Review under this subsection shall 
 be based solely upon the administrative record, except that the 
 Government may submit, for ex parte and in camera review, 
 classified information used in making the designation, amended 
 designation, or determination in response to a petition for 
 revocation.
 ``

    (3) Scope of review.--The Court shall hold unlawful and 
 set aside a designation, amended designation, or determination 
 in response to a petition for revocation the court finds to 
 be--
 ``
        (A) arbitrary, capricious, an abuse of 
 discretion, or otherwise not in accordance with law;
 ``
        (B) contrary to constitutional right, power, 
 privilege, or immunity;
 ``
            (C) in excess of statutory jurisdiction, 
 authority, or limitation, or short of statutory right;
 ``
            (D) lacking substantial support in the 
 administrative record taken as a whole or in classified 
 information submitted to the court under paragraph

    (2) ; 
 or
 ``
        (E) not in accord with the procedures required by 
 law.
 ``

    (4) Judicial review invoked.--The pendency of an action 
 for judicial review of a designation, amended designation, or 
 determination in response to a petition for revocation shall 
 not affect the application of this section, unless the court 
 issues a final order setting aside the designation, amended 
 designation, or determination in response to a petition for 
 revocation.
 ``
            (d) === Definitions. ===
-As used in this section--
 ``

    (1) the term `classified information' has the meaning 
 given that term in 

section 1

    (a) of the Classified Information 
 Procedures Act (18 U.S.C. App.);
 ``

    (2) the term `national security' means the national 
 defense, foreign relations, or economic interests of the United 
 States;
 ``

    (3) the term `relevant committees' means the Committees 
 on the Judiciary of the Senate and of the House of 
 Representatives; and
 ``

    (4) the term `Secretary' means the Secretary of Homeland 
 Security, in consultation with the Attorney General.''.

    (2) Clerical amendment.--The table of contents for such Act 
 is amended by inserting after the item relating to 

section 219 
 the following:

``

Sec. 220. Designation of criminal gang.''.

    (e) Mandatory Detention of Criminal Gang Members.--

    (1) In general.--

Section 236
            (c) (1) of the Immigration and 
 Nationality Act (8 U.S.C. 1226
            (c) (1) ) is amended--
        (A) in subparagraph
            (C) , by striking ``or'' at the 
 end;
        (B) in subparagraph
            (D) , by inserting ``or'' at the 
 end; and
            (C) by inserting after subparagraph
            (D) the 
 following:
 ``
        (E) is inadmissible under 

section 212

    (a)

    (2)
        (J) or 
 deportable under 

section 217

    (a)

    (2)
        (G) ,''.

    (2) Annual report.--Not later than March 1 of each year 
 (beginning 1 year after the date of the enactment of this Act), 
 the Secretary of Homeland Security, after consultation with the 
 appropriate Federal agencies, shall submit a report to the 
 Committees on the Judiciary of the House of Representatives and 
 of the Senate on the number of aliens detained under the 
 amendments made by paragraph

    (1) .

    (f) Asylum Claims Based on Gang Affiliation.--

    (1) Inapplicability of restriction on removal to certain 
 countries.--

Section 241

    (b)

    (3)
        (B) of the Immigration and 
 Nationality Act (8 U.S.C. 1251

    (b)

    (3)
        (B) ) is amended, in the 
 matter preceding clause
            (i) , by inserting ``who is described in 
 

section 212

    (a)

    (2)
        (J)
            (i) or 

section 237

    (a)

    (2)
        (G)
            (i) or who is'' 
 after ``to an alien''.

    (2) Ineligibility for asylum.--

Section 208

    (b)

    (2)
        (A) of such 
 Act (8 U.S.C. 1158

    (b)

    (2)
        (A) ) (as amended by 

section 201 of this 
 Act) is further amended--
        (A) in clause
            (v) , by striking ``or'' at the end;
        (B) by redesignating clause
            (vi) as clause
            (vii) ; 
 and
            (C) by inserting after clause
            (v) the following:
 ``
            (vi) the alien is described in 

section 212

    (a)

    (2)
        (J)
            (i) or 

section 237

    (a)

    (2)
        (G)
            (i) ; 
 or''.

    (g) Temporary Protected Status.--

Section 244 of such Act (8 U.S.C. 
1254a) is amended--

    (1) by striking ``Attorney General'' each place it appears 
 and inserting ``Secretary of Homeland Security'';

    (2) in subparagraph
            (c) (2)
        (B) --
        (A) in clause
            (i) , by striking ``or'' at the end;
        (B) in clause
            (ii) , by striking the period and 
 inserting ``; or''; and
            (C) by adding at the end the following:
 ``
            (iii) the alien is, or at any time has 
 been, described in 

section 212

    (a)

    (2)
        (J) or 
 

section 237

    (a)

    (2)
        (G) .''; and

    (3) in subsection
            (d) --
        (A) by striking paragraph

    (3) ; and
        (B) in paragraph

    (4) , by adding at the end the 
 following: ``The Secretary of Homeland Security may 
 detain an alien provided temporary protected status 
 under this section whenever appropriate under any other 
 provision of law.''.

    (h) Special Immigrant Juvenile Visas.--

Section 101

    (a)

    (27)
        (J)
            (iii) of the Immigration and Nationality Act (8 U.S.C. 1101

    (a)

    (27)
        (J)
            (iii) ) 
is amended--

    (1) in subclause
            (I) , by striking ``and'';

    (2) in subclause
            (II) , by adding ``and'' at the end; and

    (3) by adding at the end the following:
 ``
            (III) no alien who is, or at any 
 time has been, described in 

section 212

    (a)

    (2)
        (J) or 

section 237

    (a)

    (2)
        (G) shall be eligible for any immigration 
 benefit under this subparagraph;''.
            (i) Parole.--An alien described in 

section 212

    (a)

    (2)
        (J) of the 
Immigration and Nationality Act, as added by subsection

    (b) , shall not 
be eligible for parole under 

section 212
            (d) (5)
        (A) of such Act unless--

    (1) the alien is assisting or has assisted the United 
 States Government in a law enforcement matter, including a 
 criminal investigation; and

    (2) the alien's presence in the United States is required 
 by the Government with respect to such assistance.

    (j) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.
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