Criminal Alien Gang Member Removal Act

I 117TH CONGRESS 1ST SESSION H. R. 71 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 4, 2021 Mr. BUCHANAN 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Criminal Alien Gang 4 Member Removal Act’’. 5 SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORT- 6 ABILITY FOR ALIEN GANG MEMBERS. 7 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 8 of the Immigration and Nationality Act (8 U.S.C. 9 1101(a)) is amended by adding at the end the following: 10 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 71 IH ‘‘(53) The term ‘criminal gang’ means an ongoing 1 group, club, organization, or association of 5 or more per- 2 sons that has as one of its primary purposes the commis- 3 sion of 1 or more of the following criminal offenses and 4 the members of which engage, or have engaged within the 5 past 5 years, in a continuing series of such offenses, or 6 that has been designated as a criminal gang by the Sec- 7 retary of Homeland Security, in consultation with the At- 8 torney General, as meeting these criteria. The offenses de- 9 scribed, whether in violation of Federal or State law or 10 foreign law and regardless of whether the offenses oc- 11 curred before, on, or after the date of the enactment of 12 this paragraph, are the following: 13 ‘‘(A) A ‘felony drug offense’ (as defined in sec- 14 tion 102 of the Controlled Substances Act (21 15 U.S.C. 802)). 16 ‘‘(B) An offense under section 274 (relating to 17 bringing in and harboring certain aliens), section 18 277 (relating to aiding or assisting certain aliens to 19 enter the United States), or section 278 (relating to 20 importation of alien for immoral purpose). 21 ‘‘(C) A crime of violence (as defined in section 22 16 of title 18, United States Code). 23 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 71 IH ‘‘(D) A crime involving obstruction of justice, 1 tampering with or retaliating against a witness, vic- 2 tim, or informant, or burglary. 3 ‘‘(E) Any conduct punishable under sections 4 1028 and 1029 of title 18, United States Code (re- 5 lating to fraud and related activity in connection 6 with identification documents or access devices), sec- 7 tions 1581 through 1594 of such title (relating to 8 peonage, slavery, and trafficking in persons), section 9 1951 of such title (relating to interference with com- 10 merce by threats or violence), section 1952 of such 11 title (relating to interstate and foreign travel or 12 transportation in aid of racketeering enterprises), 13 section 1956 of such title (relating to the laundering 14 of monetary instruments), section 1957 of such title 15 (relating to engaging in monetary transactions in 16 property derived from specified unlawful activity), or 17 sections 2312 through 2315 of such title (relating to 18 interstate transportation of stolen motor vehicles or 19 stolen property). 20 ‘‘(F) A conspiracy to commit an offense de- 21 scribed in subparagraphs (A) through (E).’’. 22 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 23 (8 U.S.C. 1182(a)(2)) is amended by adding at the end 24 the following: 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 71 IH ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 1 GANGS.—Any alien is inadmissible who a con- 2 sular officer, the Secretary of Homeland Secu- 3 rity, or the Attorney General knows or has rea- 4 son to believe— 5 ‘‘(i) to be or to have been a member 6 of a criminal gang (as defined in section 7 101(a)(53)); or 8 ‘‘(ii) to have participated in the activi- 9 ties of a criminal gang (as defined in sec- 10 tion 101(a)(53)), knowing or having reason 11 to know that such activities will promote, 12 further, aid, or support the illegal activity 13 of the criminal gang.’’. 14 (c) DEPORTABILITY.—Section 237(a)(2) of the Im- 15 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 16 amended by adding at the end the following: 17 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 18 GANGS.—Any alien is deportable who— 19 ‘‘(i) is or has been a member of a 20 criminal gang (as defined in section 21 101(a)(53)); or 22 ‘‘(ii) has participated in the activities 23 of a criminal gang (as so defined), knowing 24 or having reason to know that such activi- 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 71 IH ties will promote, further, aid, or support 1 the illegal activity of the criminal gang.’’. 2 (d) DESIGNATION.— 3 (1) IN GENERAL.—Chapter 2 of title II of the 4 Immigration and Nationality Act (8 U.S.C. 1182) is 5 amended by inserting after section 219 the fol- 6 lowing: 7 ‘‘DESIGNATION OF CRIMINAL GANG 8 ‘‘SEC. 220. (a) DESIGNATION.— 9 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se- 10 curity, in consultation with the Attorney General, may 11 designate a group, club, organization, or association of 5 12 or more persons as a criminal gang if the Secretary finds 13 that their conduct is described in section 101(a)(53). 14 ‘‘(2) PROCEDURE.— 15 ‘‘(A) NOTIFICATION.—Seven days before mak- 16 ing a designation under this subsection, the Sec- 17 retary shall, by classified communication, notify the 18 Speaker and Minority Leader of the House of Rep- 19 resentatives, the President pro tempore, Majority 20 Leader, and Minority Leader of the Senate, and the 21 members of the relevant committees of the House of 22 Representatives and the Senate, in writing, of the 23 intent to designate a group, club, organization, or 24 association of 5 or more persons under this sub- 25 section and the factual basis therefor. 26 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 71 IH ‘‘(B) PUBLICATION IN THE FEDERAL REG- 1 ISTER.—The Secretary shall publish the designation 2 in the Federal Register seven days after providing 3 the notification under subparagraph (A). 4 ‘‘(3) RECORD.— 5 ‘‘(A) IN GENERAL.—In making a designation 6 under this subsection, the Secretary shall create an 7 administrative record. 8 ‘‘(B) CLASSIFIED INFORMATION.—The Sec- 9 retary may consider classified information in making 10 a designation under this subsection. Classified infor- 11 mation shall not be subject to disclosure for such 12 time as it remains classified, except that such infor- 13 mation may be disclosed to a court ex parte and in 14 camera for purposes of judicial review under sub- 15 section (c). 16 ‘‘(4) PERIOD OF DESIGNATION.— 17 ‘‘(A) IN GENERAL.—A designation under this 18 subsection shall be effective for all purposes until re- 19 voked under paragraph (5) or (6) or set aside pursu- 20 ant to subsection (c). 21 ‘‘(B) REVIEW OF DESIGNATION UPON PETI- 22 TION.— 23 ‘‘(i) IN GENERAL.—The Secretary shall re- 24 view the designation of a criminal gang under 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 71 IH the procedures set forth in clauses (iii) and (iv) 1 if the designated group, club, organization, or 2 association of 5 or more persons files a petition 3 for revocation within the petition period de- 4 scribed in clause (ii). 5 ‘‘(ii) PETITION PERIOD.—For purposes of 6 clause (i)— 7 ‘‘(I) if the designated group, club, or- 8 ganization, or association of 5 or more per- 9 sons has not previously filed a petition for 10 revocation under this subparagraph, the 11 petition period begins 2 years after the 12 date on which the designation was made; 13 or 14 ‘‘(II) if the designated group, club, or- 15 ganization, or association of 5 or more per- 16 sons has previously filed a petition for rev- 17 ocation under this subparagraph, the peti- 18 tion period begins 2 years after the date of 19 the determination made under clause (iv) 20 on that petition. 21 ‘‘(iii) PROCEDURES.—Any group, club, or- 22 ganization, or association of 5 or more persons 23 that submits a petition for revocation under 24 this subparagraph of its designation as a crimi- 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 71 IH nal gang must provide evidence in that petition 1 that it is not described in section 101(a)(53). 2 ‘‘(iv) DETERMINATION.— 3 ‘‘(I) IN GENERAL.—Not later than 4 180 days after receiving a petition for rev- 5 ocation submitted under this subpara- 6 graph, the Secretary shall make a deter- 7 mination as to such revocation. 8 ‘‘(II) CLASSIFIED INFORMATION.— 9 The Secretary may consider classified in- 10 formation in making a determination in re- 11 sponse to a petition for revocation. Classi- 12 fied information shall not be subject to dis- 13 closure for such time as it remains classi- 14 fied, except that such information may be 15 disclosed to a court ex parte and in camera 16 for purposes of judicial review under sub- 17 section (c). 18 ‘‘(III) PUBLICATION OF DETERMINA- 19 TION.—A determination made by the Sec- 20 retary under this clause shall be published 21 in the Federal Register. 22 ‘‘(IV) PROCEDURES.—Any revocation 23 by the Secretary shall be made in accord- 24 ance with paragraph (6). 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 71 IH ‘‘(C) OTHER REVIEW OF DESIGNATION.— 1 ‘‘(i) IN GENERAL.—If in a 5-year period no 2 review has taken place under subparagraph (B), 3 the Secretary shall review the designation of the 4 criminal gang in order to determine whether 5 such designation should be revoked pursuant to 6 paragraph (6). 7 ‘‘(ii) PROCEDURES.—If a review does not 8 take place pursuant to subparagraph (B) in re- 9 sponse to a petition for revocation that is filed 10 in accordance with that subparagraph, then the 11 review shall be conducted pursuant to proce- 12 dures established by the Secretary. The results 13 of such review and the applicable procedures 14 shall not be reviewable in any court. 15 ‘‘(iii) PUBLICATION OF RESULTS OF RE- 16 VIEW.—The Secretary shall publish any deter- 17 mination made pursuant to this subparagraph 18 in the Federal Register. 19 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con- 20 gress, by an Act of Congress, may block or revoke a des- 21 ignation made under paragraph (1). 22 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR- 23 CUMSTANCES.— 24 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 71 IH ‘‘(A) IN GENERAL.—The Secretary may revoke 1 a designation made under paragraph (1) at any 2 time, and shall revoke a designation upon completion 3 of a review conducted pursuant to subparagraphs 4 (B) and (C) of paragraph (4) if the Secretary finds 5 that— 6 ‘‘(i) the group, club, organization, or asso- 7 ciation of 5 or more persons that has been des- 8 ignated as a criminal gang is no longer de- 9 scribed in section 101(a)(53); or 10 ‘‘(ii) the national security or the law en- 11 forcement interests of the United States war- 12 rants a revocation. 13 ‘‘(B) PROCEDURE.—The procedural require- 14 ments of paragraphs (2) and (3) shall apply to a 15 revocation under this paragraph. Any revocation 16 shall take effect on the date specified in the revoca- 17 tion or upon publication in the Federal Register if 18 no effective date is specified. 19 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 20 designation under paragraph (5) or (6) shall not affect 21 any action or proceeding based on conduct committed 22 prior to the effective date of such revocation. 23 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR- 24 ING.—If a designation under this subsection has become 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 71 IH effective under paragraph (2) an alien in a removal pro- 1 ceeding shall not be permitted to raise any question con- 2 cerning the validity of the issuance of such designation 3 as a defense or an objection. 4 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 5 ‘‘(1) IN GENERAL.—The Secretary may amend 6 a designation under this subsection if the Secretary 7 finds that the group, club, organization, or associa- 8 tion of 5 or more persons has changed its name, 9 adopted a new alias, dissolved and then reconsti- 10 tuted itself under a different name or names, or 11 merged with another group, club, organization, or 12 association of 5 or more persons. 13 ‘‘(2) PROCEDURE.—Amendments made to a 14 designation in accordance with paragraph (1) shall 15 be effective upon publication in the Federal Register. 16 Paragraphs (2), (4), (5), (6), (7), and (8) of sub- 17 section (a) shall also apply to an amended designa- 18 tion. 19 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis- 20 trative record shall be corrected to include the 21 amendments as well as any additional relevant infor- 22 mation that supports those amendments. 23 ‘‘(4) CLASSIFIED INFORMATION.—The Sec- 24 retary may consider classified information in amend- 25 VerDate Sep 11 2014 18:51 Jan 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H71.IH H71 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 71 IH ing a designation in accordance with this subsection. 1 Classified information shall not be subject to disclo- 2 sure for such time as it remains classified, except 3 that such information may be disclosed to a court ex 4 parte and in camera for purposes of judicial review 5 under subsection (c) of this section. 6 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 7 ‘‘(1) IN GENERAL.—Not later than 30 days 8 after publication in the Federal Register of a des- 9 ignation, an amended designation, or a determina- 10 tion in response to a petition for revocation, the des- 11 ignated group, club, organization, or association of 5 12 or more persons may seek judicial review in the 13 United States Court of Appeals for the District of 14 Columbia Circuit. 15 ‘‘(2) BASIS OF REVIEW.—Review under this 16 subs [Text truncated for display. 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