Singh's Law

II 116TH CONGRESS 1ST SESSION S. 599 To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 28, 2019 Mr. COTTON (for himself, Mrs. BLACKBURN, Mr. CRAMER, Mr. GRASSLEY, and Mr. TILLIS) introduced the following bill; which was read twice and 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 ‘‘Singh’s Law’’. 4 SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORT- 5 ABILITY FOR ALIEN GANG MEMBERS. 6 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 7 of the Immigration and Nationality Act (8 U.S.C. 8 1101(a)) is amended by adding at the end the following: 9 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 2 •S 599 IS ‘‘(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)(i) A violent crime for which the term of 22 imprisonment is at least 1 year, including— 23 ‘‘(I) any offense that has, as an element, 24 the use, attempted use, or threatened use of 25 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 3 •S 599 IS physical force against the person or property of 1 another; or 2 ‘‘(II) any other offense in which the record 3 of conviction establishes that the offender used 4 physical force against the person or property of 5 another in the course of committing the offense. 6 ‘‘(ii) The entry or remaining in a building, 7 structure or habitation, including vehicles and other 8 movable enclosures, with the intent to commit a 9 crime therein (commonly known as ‘burglary’). 10 ‘‘(D) A crime relating to obstruction of justice, 11 tampering with or retaliating against a person, vic- 12 tim, or informant, perjury, or subornation of per- 13 jury. 14 ‘‘(E) Any conduct punishable under sections 15 1028 and 1029 of title 18, United States Code (re- 16 lating to fraud and related activity in connection 17 with identification documents or access devices), sec- 18 tions 1581 through 1594 of such title (relating to 19 peonage, slavery, and trafficking in persons), section 20 1951 of such title (relating to interference with com- 21 merce by threats or violence), section 1952 of such 22 title (relating to interstate and foreign travel or 23 transportation in aid of racketeering enterprises), 24 section 1956 of such title (relating to the laundering 25 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 4 •S 599 IS of monetary instruments), section 1957 of such title 1 (relating to engaging in monetary transactions in 2 property derived from specified unlawful activity), or 3 sections 2312 through 2315 of such title (relating to 4 interstate transportation of stolen motor vehicles or 5 stolen property). 6 ‘‘(F) A conspiracy or attempt to commit an of- 7 fense described in subparagraphs (A) through (C), 8 or soliciting, facilitating, or aiding and abetting any 9 such offense.’’. 10 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 11 (8 U.S.C. 1182(a)(2)) is amended by adding at the end 12 the following: 13 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 14 GANGS.—Any alien is inadmissible who a con- 15 sular officer, the Secretary of Homeland Secu- 16 rity, or the Attorney General knows or has rea- 17 son to believe— 18 ‘‘(i) to be, or to have been, a member 19 of a criminal gang or to have participated 20 in the activities of a criminal gang, know- 21 ing or having reason to know that such ac- 22 tivities will promote, further, aid, or sup- 23 port the illegal activity of the criminal 24 gang; and 25 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 5 •S 599 IS ‘‘(ii) has been convicted of a mis- 1 demeanor or a felony in the United 2 States.’’. 3 (c) DEPORTABILITY.—Section 237(a)(2) of such Act 4 (8 U.S.C. 1227(a)(2)) is amended by adding at the end 5 the following: 6 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 7 GANGS.—Any alien is deportable who— 8 ‘‘(i) is, or has been, a member of a 9 criminal gang or has participated in the 10 activities of a criminal gang, knowing or 11 having reason to know that such activities 12 will promote, further, aid, or support the 13 illegal activity of the criminal gang; and 14 ‘‘(ii) has been convicted of a mis- 15 demeanor or a felony in the United 16 States.’’. 17 SEC. 3. DESIGNATION OF CRIMINAL GANGS. 18 (a) IN GENERAL.—Chapter 2 of title II of the Immi- 19 gration and Nationality Act (8 U.S.C. 1182) is amended 20 by inserting after section 219 the following: 21 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANG. 22 ‘‘(a) DESIGNATION.— 23 ‘‘(1) IN GENERAL.—The Secretary of Homeland 24 Security, in consultation with the Attorney General, 25 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 6 •S 599 IS may designate a group, club, organization, or asso- 1 ciation of 5 or more persons as a criminal gang if 2 the Secretary finds that their conduct is described in 3 section 101(a)(53). 4 ‘‘(2) PROCEDURE.— 5 ‘‘(A) NOTIFICATION.—Seven days before 6 making a designation under this subsection, the 7 Secretary shall, by classified communication, 8 notify the Speaker and minority leader of the 9 House of Representatives, the President pro 10 tempore, majority leader, and minority leader of 11 the Senate, and the members of the relevant 12 committees of the House of Representatives and 13 the Senate, in writing, of the intent to des- 14 ignate a group, club, organization, or associa- 15 tion of 5 or more persons under this subsection 16 and the factual basis therefor. 17 ‘‘(B) PUBLICATION IN THE FEDERAL REG- 18 ISTER.—The Secretary shall publish the des- 19 ignation in the Federal Register seven days 20 after providing the notification under subpara- 21 graph (A). 22 ‘‘(3) RECORD.— 23 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 7 •S 599 IS ‘‘(A) IN GENERAL.—In making a designa- 1 tion under this subsection, the Secretary shall 2 create an administrative record. 3 ‘‘(B) CLASSIFIED INFORMATION.—The 4 Secretary may consider classified information in 5 making a designation under this subsection. 6 Classified information shall not be subject to 7 disclosure for such time as it remains classified, 8 except that such information may be disclosed 9 to a court ex parte and in camera for purposes 10 of judicial review under subsection (c). 11 ‘‘(4) PERIOD OF DESIGNATION.— 12 ‘‘(A) IN GENERAL.—A designation under 13 this subsection shall be effective for all purposes 14 until revoked under paragraph (5) or (6) or set 15 aside pursuant to subsection (c). 16 ‘‘(B) REVIEW OF DESIGNATION UPON PE- 17 TITION.— 18 ‘‘(i) IN GENERAL.—The Secretary 19 shall review the designation of a criminal 20 gang under the procedures set forth in 21 clauses (iii) and (iv) if the designated 22 group, club, organization, or association of 23 5 or more persons files a petition for rev- 24 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 8 •S 599 IS ocation within the petition period described 1 in clause (ii). 2 ‘‘(ii) PETITION PERIOD.—For pur- 3 poses of clause (i)— 4 ‘‘(I) if the designated group, 5 club, organization, or association of 5 6 or more persons has not previously 7 filed a petition for revocation under 8 this subparagraph, the petition period 9 begins 2 years after the date on which 10 the designation was made; or 11 ‘‘(II) if the designated group, 12 club, organization, or association of 5 13 or more persons has previously filed a 14 petition for revocation under this sub- 15 paragraph, the petition period begins 16 2 years after the date of the deter- 17 mination made under clause (iv) on 18 that petition. 19 ‘‘(iii) PROCEDURES.—Any group, 20 club, organization, or association of 5 or 21 more persons that submits a petition for 22 revocation under this subparagraph of its 23 designation as a criminal gang must pro- 24 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 9 •S 599 IS vide evidence in that petition that it is not 1 described in section 101(a)(53). 2 ‘‘(iv) DETERMINATION.— 3 ‘‘(I) IN GENERAL.—Not later 4 than 180 days after receiving a peti- 5 tion for revocation submitted under 6 this subparagraph, the Secretary shall 7 make a determination as to such rev- 8 ocation. 9 ‘‘(II) CLASSIFIED INFORMA- 10 TION.—The Secretary may consider 11 classified information in making a de- 12 termination in response to a petition 13 for revocation. Classified information 14 shall not be subject to disclosure for 15 such time as it remains classified, ex- 16 cept that such information may be 17 disclosed to a court ex parte and in 18 camera for purposes of judicial review 19 under subsection (c). 20 ‘‘(III) PUBLICATION OF DETER- 21 MINATION.—A determination made by 22 the Secretary under this clause shall 23 be published in the Federal Register. 24 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 10 •S 599 IS ‘‘(IV) PROCEDURES.—Any rev- 1 ocation by the Secretary shall be 2 made in accordance with paragraph 3 (6). 4 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 5 ‘‘(i) IN GENERAL.—If in a 5-year pe- 6 riod no review has taken place under sub- 7 paragraph (B), the Secretary shall review 8 the designation of the criminal gang in 9 order to determine whether such designa- 10 tion should be revoked pursuant to para- 11 graph (6). 12 ‘‘(ii) PROCEDURES.—If a review does 13 not take place pursuant to subparagraph 14 (B) in response to a petition for revocation 15 that is filed in accordance with that sub- 16 paragraph, then the review shall be con- 17 ducted pursuant to procedures established 18 by the Secretary. The results of such re- 19 view and the applicable procedures shall 20 not be reviewable in any court. 21 ‘‘(iii) PUBLICATION OF RESULTS OF 22 REVIEW.—The Secretary shall publish any 23 determination made pursuant to this sub- 24 paragraph in the Federal Register. 25 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 11 •S 599 IS ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 1 Congress, by an Act of Congress, may block or re- 2 voke a designation made under paragraph (1). 3 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR- 4 CUMSTANCES.— 5 ‘‘(A) IN GENERAL.—The Secretary may re- 6 voke a designation made under paragraph (1) 7 at any time, and shall revoke a designation 8 upon completion of a review conducted pursu- 9 ant to subparagraphs (B) and (C) of paragraph 10 (4) if the Secretary finds that— 11 ‘‘(i) the group, club, organization, or 12 association of 5 or more persons that has 13 been designated as a criminal gang is no 14 longer described in section 101(a)(53); or 15 ‘‘(ii) the national security or the law 16 enforcement interests of the United States 17 warrants a revocation. 18 ‘‘(B) PROCEDURE.—The procedural re- 19 quirements of paragraphs (2) and (3) shall 20 apply to a revocation under this paragraph. Any 21 revocation shall take effect on the date specified 22 in the revocation or upon publication in the 23 Federal Register if no effective date is specified. 24 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 12 •S 599 IS ‘‘(7) EFFECT OF REVOCATION.—The revocation 1 of a designation under paragraph (5) or (6) shall 2 not affect any action or proceeding based on conduct 3 committed prior to the effective date of such revoca- 4 tion. 5 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 6 ‘‘(1) IN GENERAL.—The Secretary may amend 7 a designation under this subsection if the Secretary 8 finds that the group, club, organization, or associa- 9 tion of 5 or more persons has changed its name, 10 adopted a new alias, dissolved and then reconsti- 11 tuted itself under a different name or names, or 12 merged with another group, club, organization, or 13 association of 5 or more persons. 14 ‘‘(2) PROCEDURE.—Amendments made to a 15 designation in accordance with paragraph (1) shall 16 be effective upon publication in the Federal Register. 17 Paragraphs (2), (4), (5), (6), (7), and (8) of sub- 18 section (a) shall also apply to an amended designa- 19 tion. 20 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis- 21 trative record shall be corrected to include the 22 amendments as well as any additional relevant infor- 23 mation that supports those amendments. 24 VerDate Sep 11 2014 00:39 Mar 13, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S599.IS S599 pbinns on DSK79D2C42PROD with BILLS 13 •S 599 IS ‘‘(4) CLASSIFIED INFORMATION.—The Sec- 1 retary may consider classified information in amend- 2 ing a designation in accordance with this subsection. 3 Classified information shall not be subject to disclo- 4 sure for such time as it remains classifie [Text truncated for display. Full text available on Congress.gov.]