119-hr175

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 175

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

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 3, 2025

Mr. McClintock (for himself, Mr. Weber of Texas, Ms. Tenney, Mr. Nehls, 
 Ms. Hageman, and Mr. Ogles) 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 ``Deport Alien Gang Members 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 1 of its 
primary purposes the commission of 1 or more of the offenses described 
in this paragraph 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 committed, in 
whole or in part, within or outside of the United States and regardless 
of whether the offenses occurred before, on, or after the date of the 
enactment of this paragraph, are the following:
 ``
        (A) A Federal, State, local, or Tribal offense that is 
 punishable by imprisonment for more than 1 year and relates to 
 a controlled substance (as so classified under the relevant 
 Federal, State, local, or Tribal law), regardless of whether 
 the substance is classified as a controlled substance under 
 

section 102 of the Controlled Substances Act (21 U.S.C. 802).
 ``
        (B) A foreign offense that is punishable by imprisonment 
 for more than 1 year and relates to a controlled substance as 
 defined under 

section 102 of the Controlled Substances Act (21 
 U.S.C. 802).
 ``
            (C) An offense that is punishable by imprisonment for 
 more than 1 year and involves firearms or explosives (as 
 defined under the relevant Federal, State, local, Tribal, or 
 foreign law) or in violation of 

section 931 of title 18, United 
 States Code (relating to purchase, ownership, or possession of 
 body armor by violent felons).
 ``
            (D) 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).
 ``
        (E) A crime of violence (as defined in 

section 16

    (a) of 
 title 18, United States Code).
 ``
        (F) A crime involving obstruction of justice, tampering 
 with or retaliating against a witness, victim, or informant, or 
 burglary (as such terms are defined under the relevant Federal, 
 State, local, Tribal, or foreign law).
 ``
        (G) Any conduct punishable under sections 1028, 1028A, 
 and 1029 of title 18, United States Code (relating to fraud, 
 aggravated identity theft or 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).
 ``
        (H) A conspiracy to commit an offense described in 
 subparagraphs
        (A) through
        (G) .''.

    (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, an 
 immigration officer, the Secretary of Homeland 
 Security, or the Attorney General knows, or has reason 
 to believe--
 ``
            (i) is, or has been, a member of a 
 criminal gang;
 ``
            (ii) has promoted, conspired with, aided, 
 or participated in the activities of a criminal 
 gang, whether within or outside of the United 
 States; or
 ``
            (iii) seeks to enter the United States, 
 or has entered the United States, in 
 furtherance of the activities of a criminal 
 gang, whether those activities take place 
 within or outside of the United States.''.
            (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; or
 ``
            (ii) has promoted, conspired with, aided, 
 or participated in the activities of a criminal 
 gang, whether within or outside of the United 
 States.''.
            (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:

``

Sec. 220. Designation of criminal gang.
 ``

    (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.--7 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 7 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 
 30 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.
 ``

    (5) Expedited review.--It shall be the duty of the Court 
 to advance on the docket and expedite to the greatest possible 
 extent the disposition of any case considered under this 
 subsection.
 ``
            (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.''.

    (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) 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) Ineligibility for Other Relief.--An alien described in 

section 212

    (a)

    (2)
        (J) or 237

    (a)

    (2)
        (G) of the Immigration and Nationality Act (8 
U.S.C. 1182

    (a)

    (2)
        (J) or 1227

    (a)

    (2)
        (G) ) shall be ineligible for any 
other relief under the immigration laws, including under 

section 2242 
of the Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999 (and any regulations issued pursuant to such section).

    (k) 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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