The "Deport Alien Gang Members Act" significantly amends the Immigration and Nationality Act to enhance the government's ability to address aliens involved with criminal gangs. It establishes a comprehensive definition of a "criminal gang" as an ongoing group of five or more persons whose primary purpose involves committing specific serious offenses, including those related to controlled substances, firearms, human trafficking, violence, or obstruction of justice. This definition applies to offenses committed anywhere, at any time, and also includes groups designated by the Secretary of Homeland Security. Under this bill, any alien known or believed to be a current or past member of a criminal gang, or who has promoted, conspired with, or participated in gang activities, is rendered inadmissible to the United States. Furthermore, such aliens are made deportable if they are already in the country. A critical provision mandates the detention of aliens found inadmissible or deportable on these grounds, ensuring they are held pending immigration proceedings. The legislation empowers the Secretary of Homeland Security, in consultation with the Attorney General, to formally designate groups as criminal gangs. This designation process involves notifying Congress, publishing the decision in the Federal Register, and creating an administrative record that may include classified information. Designated groups can petition for revocation, and the Secretary must periodically review designations, with judicial review available in the D.C. Circuit Court of Appeals. Aliens associated with criminal gangs face broad ineligibility for various immigration benefits and protections . This includes being barred from receiving asylum, Temporary Protected Status (TPS), and Special Immigrant Juvenile Visas. They are also generally ineligible for parole, except in specific circumstances where they assist the U.S. government in law enforcement matters. The bill explicitly states that the restriction on removal to certain countries, typically based on fear of torture, would not apply to these individuals.
The "Deport Alien Gang Members Act" significantly amends the Immigration and Nationality Act to enhance the government's ability to address aliens involved with criminal gangs. It establishes a comprehensive definition of a "criminal gang" as an ongoing group of five or more persons whose primary purpose involves committing specific serious offenses, including those related to controlled substances, firearms, human trafficking, violence, or obstruction of justice. This definition applies to offenses committed anywhere, at any time, and also includes groups designated by the Secretary of Homeland Security. Under this bill, any alien known or believed to be a current or past member of a criminal gang, or who has promoted, conspired with, or participated in gang activities, is rendered inadmissible to the United States. Furthermore, such aliens are made deportable if they are already in the country. A critical provision mandates the detention of aliens found inadmissible or deportable on these grounds, ensuring they are held pending immigration proceedings. The legislation empowers the Secretary of Homeland Security, in consultation with the Attorney General, to formally designate groups as criminal gangs. This designation process involves notifying Congress, publishing the decision in the Federal Register, and creating an administrative record that may include classified information. Designated groups can petition for revocation, and the Secretary must periodically review designations, with judicial review available in the D.C. Circuit Court of Appeals. Aliens associated with criminal gangs face broad ineligibility for various immigration benefits and protections . This includes being barred from receiving asylum, Temporary Protected Status (TPS), and Special Immigrant Juvenile Visas. They are also generally ineligible for parole, except in specific circumstances where they assist the U.S. government in law enforcement matters. The bill explicitly states that the restriction on removal to certain countries, typically based on fear of torture, would not apply to these individuals.