Protecting Our Communities from Gang Violence Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 1995 To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 17, 2021 Mr. ZELDIN (for himself and Mr. BROOKS) 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 ‘‘Protecting Our Com- 4 munities from Gang Violence Act of 2021’’. 5 SEC. 2. DEFINITION OF CRIMINAL GANG. 6 Section 101(a) of the Immigration and Nationality 7 Act (8 U.S.C. 1101(a)) is amended by adding at the end 8 the following: 9 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1995 IH ‘‘(53) The term ‘criminal gang’ means an ongo- 1 ing group, club, organization, or association of five 2 or more persons that has as one of its primary pur- 3 poses the commission of one or more of the following 4 criminal offenses and the members of which engage, 5 or have engaged within the past 5 years, in a con- 6 tinuing series of such offenses, or that has been des- 7 ignated as a criminal gang by the Secretary of 8 Homeland Security, in consultation with the Attor- 9 ney General, as meeting these criteria. The offenses 10 described, whether in violation of Federal or State 11 law or foreign law and regardless of whether the of- 12 fenses occurred before, on, or after the date of the 13 enactment of this paragraph, are the following: 14 ‘‘(A) A ‘felony drug offense’ (as defined in 15 section 102 of the Controlled Substances Act 16 (21 U.S.C. 802)). 17 ‘‘(B) An offense under section 274 (relat- 18 ing to bringing in and harboring certain aliens), 19 section 277 (relating to aiding or assisting cer- 20 tain aliens to enter the United States), or sec- 21 tion 278 (relating to importation of alien for 22 immoral purpose). 23 ‘‘(C) A crime of violence (as defined in sec- 24 tion 16 of title 18, United States Code). 25 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1995 IH ‘‘(D) A crime involving obstruction of jus- 1 tice, tampering with or retaliating against a 2 witness, victim, or informant, or burglary. 3 ‘‘(E) Any conduct punishable under sec- 4 tions 1028 and 1029 of title 18, United States 5 Code (relating to fraud and related activity in 6 connection with identification documents or ac- 7 cess devices), sections 1581 through 1594 of 8 such title (relating to peonage, slavery, and 9 trafficking in persons), section 1951 of such 10 title (relating to interference with commerce by 11 threats or violence), section 1952 of such title 12 (relating to interstate and foreign travel or 13 transportation in aid of racketeering enter- 14 prises), section 1956 of such title (relating to 15 the laundering of monetary instruments), sec- 16 tion 1957 of such title (relating to engaging in 17 monetary transactions in property derived from 18 specified unlawful activity), or sections 2312 19 through 2315 of such title (relating to inter- 20 state transportation of stolen motor vehicles or 21 stolen property). 22 ‘‘(F) A conspiracy to commit an offense 23 described in subparagraphs (A) through (E).’’. 24 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1995 IH SEC. 3. GROUNDS OF INADMISSIBILITY AND DEPORT- 1 ABILITY FOR ALIEN GANG MEMBERS. 2 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im- 3 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 4 amended by adding at the end the following: 5 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 6 GANGS.—Any alien is inadmissible who a con- 7 sular officer, the Secretary of Homeland Secu- 8 rity, or the Attorney General knows or has rea- 9 son to believe— 10 ‘‘(i) to be or to have been a member 11 of a criminal gang (as defined in section 12 101(a)(53)); or 13 ‘‘(ii) to have participated in the activi- 14 ties of a criminal gang (as defined in sec- 15 tion 101(a)(53)), knowing or having reason 16 to know that such activities will promote, 17 further, aid, or support the illegal activity 18 of the criminal gang.’’. 19 (b) DEPORTABILITY.—Section 237(a)(2) of the Im- 20 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 21 amended by adding at the end the following: 22 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 23 GANGS.—Any alien is deportable who— 24 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1995 IH ‘‘(i) is or has been a member of a 1 criminal gang (as defined in section 2 101(a)(53)); or 3 ‘‘(ii) has participated in the activities 4 of a criminal gang (as so defined), knowing 5 or having reason to know that such activi- 6 ties will promote, further, aid, or support 7 the illegal activity of the criminal gang.’’. 8 (c) DESIGNATION.— 9 (1) IN GENERAL.—Chapter 2 of title II of the 10 Immigration and Nationality Act (8 U.S.C. 1182) is 11 amended by inserting after section 219 the fol- 12 lowing: 13 ‘‘DESIGNATION OF CRIMINAL GANG 14 ‘‘SEC. 220. (a) DESIGNATION.— 15 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se- 16 curity, in consultation with the Attorney General, may 17 designate a group, club, organization, or association of 5 18 or more persons as a criminal gang if the Secretary finds 19 that their conduct is described in section 101(a)(53). 20 ‘‘(2) PROCEDURE.— 21 ‘‘(A) NOTIFICATION.—Seven days before mak- 22 ing a designation under this subsection, the Sec- 23 retary shall, by classified communication, notify the 24 Speaker and minority leader of the House of Rep- 25 resentatives, the President pro tempore, majority 26 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 1995 IH leader, and minority leader of the Senate, and the 1 members of the relevant committees of the House of 2 Representatives and the Senate, in writing, of the 3 intent to designate a group, club, organization, or 4 association of 5 or more persons under this sub- 5 section and the factual basis therefor. 6 ‘‘(B) PUBLICATION IN THE FEDERAL REG- 7 ISTER.—The Secretary shall publish the designation 8 in the Federal Register seven days after providing 9 the notification under subparagraph (A). 10 ‘‘(3) RECORD.— 11 ‘‘(A) IN GENERAL.—In making a designation 12 under this subsection, the Secretary shall create an 13 administrative record. 14 ‘‘(B) CLASSIFIED INFORMATION.—The Sec- 15 retary may consider classified information in making 16 a designation under this subsection. Classified infor- 17 mation shall not be subject to disclosure for such 18 time as it remains classified, except that such infor- 19 mation may be disclosed to a court ex parte and in 20 camera for purposes of judicial review under sub- 21 section (c). 22 ‘‘(4) PERIOD OF DESIGNATION.— 23 ‘‘(A) IN GENERAL.—A designation under this 24 subsection shall be effective for all purposes until re- 25 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 1995 IH voked under paragraph (5) or (6) or set aside pursu- 1 ant to subsection (c). 2 ‘‘(B) REVIEW OF DESIGNATION UPON PETI- 3 TION.— 4 ‘‘(i) IN GENERAL.—The Secretary shall re- 5 view the designation of a criminal gang under 6 the procedures set forth in clauses (iii) and (iv) 7 if the designated group, club, organization, or 8 association of 5 or more persons files a petition 9 for revocation within the petition period de- 10 scribed in clause (ii). 11 ‘‘(ii) PETITION PERIOD.—For purposes of 12 clause (i)— 13 ‘‘(I) if the designated group, club, or- 14 ganization, or association of 5 or more per- 15 sons has not previously filed a petition for 16 revocation under this subparagraph, the 17 petition period begins 2 years after the 18 date on which the designation was made; 19 or 20 ‘‘(II) if the designated group, club, or- 21 ganization, or association of 5 or more per- 22 sons has previously filed a petition for rev- 23 ocation under this subparagraph, the peti- 24 tion period begins 2 years after the date of 25 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 1995 IH the determination made under clause (iv) 1 on that petition. 2 ‘‘(iii) PROCEDURES.—Any group, club, or- 3 ganization, or association of 5 or more persons 4 that submits a petition for revocation under 5 this subparagraph of its designation as a crimi- 6 nal gang must provide evidence in that petition 7 that it is not described in section 101(a)(53). 8 ‘‘(iv) DETERMINATION.— 9 ‘‘(I) IN GENERAL.—Not later than 10 180 days after receiving a petition for rev- 11 ocation submitted under this subpara- 12 graph, the Secretary shall make a deter- 13 mination as to such revocation. 14 ‘‘(II) CLASSIFIED INFORMATION.— 15 The Secretary may consider classified in- 16 formation in making a determination in re- 17 sponse to a petition for revocation. Classi- 18 fied information shall not be subject to dis- 19 closure for such time as it remains classi- 20 fied, except that such information may be 21 disclosed to a court ex parte and in camera 22 for purposes of judicial review under sub- 23 section (c). 24 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 1995 IH ‘‘(III) PUBLICATION OF DETERMINA- 1 TION.—A determination made by the Sec- 2 retary under this clause shall be published 3 in the Federal Register. 4 ‘‘(IV) PROCEDURES.—Any revocation 5 by the Secretary shall be made in accord- 6 ance with paragraph (6). 7 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 8 ‘‘(i) IN GENERAL.—If in a 5-year period no 9 review has taken place under subparagraph (B), 10 the Secretary shall review the designation of the 11 criminal gang in order to determine whether 12 such designation should be revoked pursuant to 13 paragraph (6). 14 ‘‘(ii) PROCEDURES.—If a review does not 15 take place pursuant to subparagraph (B) in re- 16 sponse to a petition for revocation that is filed 17 in accordance with that subparagraph, then the 18 review shall be conducted pursuant to proce- 19 dures established by the Secretary. The results 20 of such review and the applicable procedures 21 shall not be reviewable in any court. 22 ‘‘(iii) PUBLICATION OF RESULTS OF RE- 23 VIEW.—The Secretary shall publish any deter- 24 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 1995 IH mination made pursuant to this subparagraph 1 in the Federal Register. 2 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con- 3 gress, by an Act of Congress, may block or revoke a des- 4 ignation made under paragraph (1). 5 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR- 6 CUMSTANCES.— 7 ‘‘(A) IN GENERAL.—The Secretary may revoke 8 a designation made under paragraph (1) at any 9 time, and shall revoke a designation upon completion 10 of a review conducted pursuant to subparagraphs 11 (B) and (C) of paragraph (4) if the Secretary finds 12 that— 13 ‘‘(i) the group, club, organization, or asso- 14 ciation of 5 or more persons that has been des- 15 ignated as a criminal gang is no longer de- 16 scribed in section 101(a)(53); or 17 ‘‘(ii) the national security or the law en- 18 forcement interests of the United States war- 19 rants a revocation. 20 ‘‘(B) PROCEDURE.—The procedural require- 21 ments of paragraphs (2) and (3) shall apply to a 22 revocation under this paragraph. Any revocation 23 shall take effect on the date specified in the revoca- 24 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 1995 IH tion or upon publication in the Federal Register if 1 no effective date is specified. 2 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 3 designation under paragraph (5) or (6) shall not affect 4 any action or proceeding based on conduct committed 5 prior to the effective date of such revocation. 6 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR- 7 ING.—If a designation under this subsection has become 8 effective under paragraph (2) an alien in a removal pro- 9 ceeding shall not be permitted to raise any question con- 10 cerning the validity of the issuance of such designation 11 as a defense or an objection. 12 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 13 ‘‘(1) IN GENERAL.—The Secretary may amend 14 a designation under this subsection if the Secretary 15 finds that the group, club, organization, or associa- 16 tion of 5 or more persons has changed its name, 17 adopted a new alias, dissolved and then reconsti- 18 tuted itself under a different name or names, or 19 merged with another group, club, organization, or 20 association of 5 or more persons. 21 ‘‘(2) PROCEDURE.—Amendments made to a 22 designation in accordance with paragraph (1) shall 23 be effective upon publication in the Federal Register. 24 Paragraphs (2), (4), (5), (6), (7), and (8) of sub- 25 VerDate Sep 11 2014 01:48 May 13, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1995.IH H1995 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 1995 IH section (a) shall also apply to an amended designa- 1 tion. 2 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis- 3 trative record shall be corrected to include the 4 amendments as well as any additional relevant infor- 5 mation that supports those amendments. 6 ‘‘(4) CLASSIFIED INFORMATION.—The Sec- 7 retary may consider classified information in amend- 8 ing a designation in accordance with this subsection. 9 Classified information shall not be subject to disclo- 10 sure for such time as it remains classified, except 11 that such information may be disclosed to a court ex 12 parte and in camera for purposes of judicial review 13 under subsection (c) of this section. 14 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 15 ‘‘(1) IN GENERAL.—Not later than 30 days 16 after publication in the Federal Register of a des- 17 ignation, an amended designation, or a determina- 18 tion in response to a petition for revocation, the des- 19 ignated group, club, organization, or association of 5 20 or [Text truncated for display. 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