This bill amends the Immigration and Nationality Act to establish new grounds for inadmissibility and deportability related to criminal gangs. It defines a "criminal gang" as an ongoing group of five or more persons whose primary purpose is to commit specific criminal offenses, or one designated by the Secretary of Homeland Security. These offenses include felony drug offenses , human smuggling, crimes of violence , obstruction of justice, fraud, human trafficking, racketeering, and interstate transportation of stolen property. The definition applies whether offenses occurred under federal, state, or foreign law, and regardless of when they occurred. An alien is deemed inadmissible or deportable if they are or have been a member of such a criminal gang, or if they participated in gang activities knowing it would promote illegal activity. The Secretary of Homeland Security, in consultation with the Attorney General, can designate a group as a criminal gang, requiring notification to Congress and publication in the Federal Register. This designation process allows for the consideration of classified information and remains effective until revoked or set aside. Designated groups can petition for revocation of their designation, triggering a review by the Secretary, with an automatic review occurring every five years if no petition is filed. Congress retains the power to block or revoke a designation through an Act, and the Secretary may also revoke a designation based on changed circumstances or national security interests. Decisions regarding designations and revocations are subject to judicial review in the U.S. Court of Appeals for the District of Columbia Circuit, based on the administrative record, including classified information. Aliens found to be associated with criminal gangs face mandatory detention and are rendered ineligible for asylum , Temporary Protected Status (TPS) , and Special Immigrant Juvenile (SIJ) visas . Furthermore, such aliens are generally ineligible for parole , unless they are actively assisting the U.S. Government in a law enforcement matter and their presence is required for that assistance. These provisions apply to acts occurring before, on, or after the bill's enactment.
This bill amends the Immigration and Nationality Act to establish new grounds for inadmissibility and deportability related to criminal gangs. It defines a "criminal gang" as an ongoing group of five or more persons whose primary purpose is to commit specific criminal offenses, or one designated by the Secretary of Homeland Security. These offenses include felony drug offenses , human smuggling, crimes of violence , obstruction of justice, fraud, human trafficking, racketeering, and interstate transportation of stolen property. The definition applies whether offenses occurred under federal, state, or foreign law, and regardless of when they occurred. An alien is deemed inadmissible or deportable if they are or have been a member of such a criminal gang, or if they participated in gang activities knowing it would promote illegal activity. The Secretary of Homeland Security, in consultation with the Attorney General, can designate a group as a criminal gang, requiring notification to Congress and publication in the Federal Register. This designation process allows for the consideration of classified information and remains effective until revoked or set aside. Designated groups can petition for revocation of their designation, triggering a review by the Secretary, with an automatic review occurring every five years if no petition is filed. Congress retains the power to block or revoke a designation through an Act, and the Secretary may also revoke a designation based on changed circumstances or national security interests. Decisions regarding designations and revocations are subject to judicial review in the U.S. Court of Appeals for the District of Columbia Circuit, based on the administrative record, including classified information. Aliens found to be associated with criminal gangs face mandatory detention and are rendered ineligible for asylum , Temporary Protected Status (TPS) , and Special Immigrant Juvenile (SIJ) visas . Furthermore, such aliens are generally ineligible for parole , unless they are actively assisting the U.S. Government in a law enforcement matter and their presence is required for that assistance. These provisions apply to acts occurring before, on, or after the bill's enactment.