HR 175
Deport Alien Gang Members Act
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Bill overview
This bill, the Deport Alien Gang Members Act, aims to strengthen immigration enforcement by targeting individuals associated with criminal gangs. It defines ‘criminal gang’ as a group of five or more people engaged in criminal activity, establishes grounds for inadmissibility and deportability for those linked to such gangs, and mandates detention for those affected. The bill also creates a process for Homeland Security to designate groups as criminal gangs, subject to congressional notification and a review period. Furthermore, it restricts certain immigration benefits, such as asylum and parole, for those identified as gang members.
Key provisions
- Defines ‘criminal gang’ as a group of 5 or more persons committing specified criminal offenses within the past five years, or designated by DHS.
- Establishes grounds for inadmissibility and deportability for aliens linked to criminal gangs.
- Requires mandatory detention for individuals identified as gang members.
- Restricts eligibility for asylum, temporary protected status, special immigrant juvenile visas, and parole.
- Creates a process for DHS to designate groups as criminal gangs, including notification to Congress and a review period.
- Includes a list of offenses considered when determining gang affiliation, encompassing federal, state, and foreign crimes.
- Allows for the revocation of a group’s designation as a criminal gang through petition and review.
- Modifies existing immigration laws to prevent certain aliens from receiving relief, such as parole, if they are associated with criminal gangs.
Who is affected
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119th CONGRESS — 1st Session
H. R. 175
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.
This Act may be cited as the Deport Alien Gang Members Act
.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
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).
A conspiracy to commit an offense described in subparagraphs (A) through (G).
is, or has been, a member of a criminal gang;
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:
is or has been a member of a criminal gang; or
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:
The Secretary shall publish the designation in the Federal Register 7 days after providing the notification under subparagraph (A).
In making a designation under this subsection, the Secretary shall create an administrative record.
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).
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).
For purposes of clause (i)—
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.
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).
A determination made by the Secretary under this clause shall be published in the Federal Register.
Any revocation by the Secretary shall be made in accordance with paragraph (6).
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).
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.
The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.
The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).
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—
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.
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.
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.
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.
The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.
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.
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—
arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
contrary to constitutional right, power, privilege, or immunity;
in excess of statutory jurisdiction, authority, or limitation, or short of statutory right;
lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph (2); or
not in accord with the procedures required by law.
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.
As used in this section—
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.);
the term national security means the national defense, foreign relations, or economic interests of the United States;
the term relevant committees means the Committees on the Judiciary of the Senate and of the House of Representatives; and
the term Secretary means the Secretary of Homeland Security, in consultation with the Attorney General.
The table of contents for such Act is amended by inserting after the item relating to section 219 the following:
Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended—
in subparagraph (C), by striking or
at the end;
in subparagraph (D), by inserting or
at the end; and
by inserting after subparagraph (D) the following:
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).
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
.
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—
in clause (v), by striking or
at the end;
by redesignating clause (vi) as clause (vii); and
by inserting after clause (v) the following:
Section 244 of such Act (8 U.S.C. 1254a) is amended—
by striking Attorney General
each place it appears and inserting Secretary of Homeland Security
;
in subparagraph (c)(2)(B)—
in clause (i), by striking or
at the end;
in clause (ii), by striking the period and inserting ; or
; and
by adding at the end the following:
in subsection (d)—
by striking paragraph (3); and
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.
.
Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) is amended—
in subclause (I), by striking and
;
in subclause (II), by adding and
at the end; and
by adding at the end the following:
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—
the alien is assisting or has assisted the United States Government in a law enforcement matter, including a criminal investigation; and
the alien’s presence in the United States is required by the Government with respect to such assistance.
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.