Legis Daily

Criminal Alien Gang Member Removal Act

USA115th CongressHR-3697| House 
| Updated: 9/18/2017
Barbara Comstock

Barbara Comstock

Republican Representative

Virginia

Cosponsors (6)
Peter T. King (Republican)Lee M. Zeldin (Republican)Pete Sessions (Republican)Jodey C. Arrington (Republican)Raul R. Labrador (Republican)Bob Goodlatte (Republican)

Judiciary Committee, Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Criminal Alien Gang Member Removal Act (Sec. 2) This bill amends the Immigration and Nationality Act to make an alien: (1) inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice (DOJ) knows or has reason to believe that such person is or has been a member of a criminal gang or has participated in criminal gang activities; and (2) deportable if such person is or has been a member of a criminal gang, or has participated in criminal gang activities knowing that such activities will promote illegal activity. A "criminal gang" is defined as an ongoing group, club, organization, or association of five or more persons: (1) one of the primary purposes of which is the commission of specified criminal offenses and the members of which engage, or have engaged within the past five years, in a continuing series of such offenses; or (2) that has been designated as a criminal gang by DHS. Such offenses include: (1) felony drug offenses, (2) bringing in and harboring certain aliens, (3) assisting certain aliens to enter the United States, (4) importing aliens for immoral purposes, (5) crimes of violence, (6) obstruction of justice or witness tampering, (7) identification document fraud, (8) slavery and trafficking in persons, (9) money laundering, and (10) interstate or foreign travel in connection with a racketeering enterprise. DHS: (1) may designate a group of five or more persons as a criminal gang based upon its conduct, and (2) shall publish a designation in the Federal Register seven days after providing congressional notification as provided for in this bill. A designation shall be effective until: (1) it is revoked or blocked by Congress; (2) DHS determines that the group no longer fits such designation or that national security or law enforcement interests warrant a revocation; or (3) it is judicially set aside. A group may file a petition for revocation with DHS. The bill prescribes DHS review provisions. A revocation of a designation shall not affect any proceeding based on conduct committed prior to the effective date of the revocation. Within 30 days after publication of a designation, an amended designation, or a determination in response to a petition for revocation, a designated group may seek judicial review with the U.S. Court of Appeals, DC Circuit. The bill: (1) provides for mandatory detention of alien gang members; and (2) makes alien gang members ineligible for asylum, temporary protected status, special immigrant juvenile status, and parole (unless such an alien is assisting the United States in a law enforcement matter).

Bill Text Versions

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3 versions available

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Timeline
Sep 7, 2017
Introduced in House
Sep 7, 2017
Referred to the Subcommittee on Immigration and Border Security.
Sep 7, 2017
Referred to the House Committee on the Judiciary.
Sep 12, 2017
Rules Committee Resolution H. Res. 513 Reported to House. Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Sep 13, 2017
Rule H. Res. 513 passed House.
Sep 14, 2017
Considered under the provisions of rule H. Res. 513. (consideration: CR H7387-7401)
Sep 14, 2017
Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Sep 14, 2017
DEBATE - The House proceeded with one hour of debate on H.R. 3697.
Sep 14, 2017
The previous question was ordered pursuant to the rule.
Sep 14, 2017
Mr. Beyer moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7399)
Sep 14, 2017
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Beyer motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a section pertaining to Protecting Innocent Religious Workers from Deportation.
Sep 14, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Sep 14, 2017
On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 220 (Roll no. 516).
View Vote
Sep 14, 2017
On passage Passed by the Yeas and Nays: 233 - 175 (Roll no. 517). (text: CR H7387-7389)
View Vote
Sep 14, 2017
Motion to reconsider laid on the table Agreed to without objection.
Sep 18, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • September 7, 2017
    Introduced in House


  • September 7, 2017
    Referred to the Subcommittee on Immigration and Border Security.


  • September 7, 2017
    Referred to the House Committee on the Judiciary.


  • September 12, 2017
    Rules Committee Resolution H. Res. 513 Reported to House. Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • September 13, 2017
    Rule H. Res. 513 passed House.


  • September 14, 2017
    Considered under the provisions of rule H. Res. 513. (consideration: CR H7387-7401)


  • September 14, 2017
    Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • September 14, 2017
    DEBATE - The House proceeded with one hour of debate on H.R. 3697.


  • September 14, 2017
    The previous question was ordered pursuant to the rule.


  • September 14, 2017
    Mr. Beyer moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7399)


  • September 14, 2017
    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Beyer motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a section pertaining to Protecting Innocent Religious Workers from Deportation.


  • September 14, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • September 14, 2017
    On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 220 (Roll no. 516).
    View Vote


  • September 14, 2017
    On passage Passed by the Yeas and Nays: 233 - 175 (Roll no. 517). (text: CR H7387-7389)
    View Vote


  • September 14, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • September 18, 2017
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Immigration

Related Bills

  • HRES 115-513: Providing for consideration of the bill (H.R. 3697) to amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes, and providing for proceedings during the period from September 15, 2017, through September 22, 2017.
  • HR 115-4760: To amend the immigration laws and the homeland security laws, and for other purposes.
  • HR 115-6204: To clarify standards of family detention and the treatment of unaccompanied alien children, and for other purposes.
  • HR 115-7059: To fund construction of the southern border wall and to ensure compliance with Federal immigration law.
  • S 115-2380: A bill to amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.
Congressional oversightDetention of personsDrug trafficking and controlled substancesEvidence and witnessesFraud offenses and financial crimesHuman traffickingImmigration status and proceduresJuvenile crime and gang violenceOrganized crimeViolent crime

Criminal Alien Gang Member Removal Act

USA115th CongressHR-3697| House 
| Updated: 9/18/2017
Criminal Alien Gang Member Removal Act (Sec. 2) This bill amends the Immigration and Nationality Act to make an alien: (1) inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice (DOJ) knows or has reason to believe that such person is or has been a member of a criminal gang or has participated in criminal gang activities; and (2) deportable if such person is or has been a member of a criminal gang, or has participated in criminal gang activities knowing that such activities will promote illegal activity. A "criminal gang" is defined as an ongoing group, club, organization, or association of five or more persons: (1) one of the primary purposes of which is the commission of specified criminal offenses and the members of which engage, or have engaged within the past five years, in a continuing series of such offenses; or (2) that has been designated as a criminal gang by DHS. Such offenses include: (1) felony drug offenses, (2) bringing in and harboring certain aliens, (3) assisting certain aliens to enter the United States, (4) importing aliens for immoral purposes, (5) crimes of violence, (6) obstruction of justice or witness tampering, (7) identification document fraud, (8) slavery and trafficking in persons, (9) money laundering, and (10) interstate or foreign travel in connection with a racketeering enterprise. DHS: (1) may designate a group of five or more persons as a criminal gang based upon its conduct, and (2) shall publish a designation in the Federal Register seven days after providing congressional notification as provided for in this bill. A designation shall be effective until: (1) it is revoked or blocked by Congress; (2) DHS determines that the group no longer fits such designation or that national security or law enforcement interests warrant a revocation; or (3) it is judicially set aside. A group may file a petition for revocation with DHS. The bill prescribes DHS review provisions. A revocation of a designation shall not affect any proceeding based on conduct committed prior to the effective date of the revocation. Within 30 days after publication of a designation, an amended designation, or a determination in response to a petition for revocation, a designated group may seek judicial review with the U.S. Court of Appeals, DC Circuit. The bill: (1) provides for mandatory detention of alien gang members; and (2) makes alien gang members ineligible for asylum, temporary protected status, special immigrant juvenile status, and parole (unless such an alien is assisting the United States in a law enforcement matter).

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Sep 7, 2017
Introduced in House
Sep 7, 2017
Referred to the Subcommittee on Immigration and Border Security.
Sep 7, 2017
Referred to the House Committee on the Judiciary.
Sep 12, 2017
Rules Committee Resolution H. Res. 513 Reported to House. Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Sep 13, 2017
Rule H. Res. 513 passed House.
Sep 14, 2017
Considered under the provisions of rule H. Res. 513. (consideration: CR H7387-7401)
Sep 14, 2017
Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Sep 14, 2017
DEBATE - The House proceeded with one hour of debate on H.R. 3697.
Sep 14, 2017
The previous question was ordered pursuant to the rule.
Sep 14, 2017
Mr. Beyer moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7399)
Sep 14, 2017
Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Beyer motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a section pertaining to Protecting Innocent Religious Workers from Deportation.
Sep 14, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Sep 14, 2017
On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 220 (Roll no. 516).
View Vote
Sep 14, 2017
On passage Passed by the Yeas and Nays: 233 - 175 (Roll no. 517). (text: CR H7387-7389)
View Vote
Sep 14, 2017
Motion to reconsider laid on the table Agreed to without objection.
Sep 18, 2017
Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  • September 7, 2017
    Introduced in House


  • September 7, 2017
    Referred to the Subcommittee on Immigration and Border Security.


  • September 7, 2017
    Referred to the House Committee on the Judiciary.


  • September 12, 2017
    Rules Committee Resolution H. Res. 513 Reported to House. Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • September 13, 2017
    Rule H. Res. 513 passed House.


  • September 14, 2017
    Considered under the provisions of rule H. Res. 513. (consideration: CR H7387-7401)


  • September 14, 2017
    Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • September 14, 2017
    DEBATE - The House proceeded with one hour of debate on H.R. 3697.


  • September 14, 2017
    The previous question was ordered pursuant to the rule.


  • September 14, 2017
    Mr. Beyer moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7399)


  • September 14, 2017
    Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Beyer motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a section pertaining to Protecting Innocent Religious Workers from Deportation.


  • September 14, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • September 14, 2017
    On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 220 (Roll no. 516).
    View Vote


  • September 14, 2017
    On passage Passed by the Yeas and Nays: 233 - 175 (Roll no. 517). (text: CR H7387-7389)
    View Vote


  • September 14, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • September 18, 2017
    Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Barbara Comstock

Barbara Comstock

Republican Representative

Virginia

Cosponsors (6)
Peter T. King (Republican)Lee M. Zeldin (Republican)Pete Sessions (Republican)Jodey C. Arrington (Republican)Raul R. Labrador (Republican)Bob Goodlatte (Republican)

Judiciary Committee, Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

Immigration

Related Bills

  • HRES 115-513: Providing for consideration of the bill (H.R. 3697) to amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes, and providing for proceedings during the period from September 15, 2017, through September 22, 2017.
  • HR 115-4760: To amend the immigration laws and the homeland security laws, and for other purposes.
  • HR 115-6204: To clarify standards of family detention and the treatment of unaccompanied alien children, and for other purposes.
  • HR 115-7059: To fund construction of the southern border wall and to ensure compliance with Federal immigration law.
  • S 115-2380: A bill to amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Congressional oversightDetention of personsDrug trafficking and controlled substancesEvidence and witnessesFraud offenses and financial crimesHuman traffickingImmigration status and proceduresJuvenile crime and gang violenceOrganized crimeViolent crime