What This Bill Does
This bill changes immigration law to make it easier to keep foreign nationals out of the United States and to deport them if they belong to criminal gangs. The bill creates a new definition of "criminal gang" and allows federal officials to designate groups as criminal gangs based on their activities. Foreign nationals who are gang members or participate in gang activities can be prevented from entering the country or removed from it.
Who It Affects
• Foreign nationals (people who are not U.S. citizens) seeking entry to the United States
• Foreign nationals already in the United States
• The Secretary of Homeland Security and the Attorney General
• Congress
• U.S. Courts of Appeals
Key Provisions
• A criminal gang is defined as a group of 5 or more people whose main purpose includes committing specific crimes (including drug offenses, crimes of violence, human trafficking, identity fraud and other serious offenses) and whose members have committed these crimes within the past 5 years, or the group has been officially designated by the Secretary of Homeland Security (Sec. 2(a))
• Foreign nationals who are gang members or who participate in gang activities while knowing this will help the gang's illegal operations cannot enter the United States and can be deported (Sec. 2(b) and 2(c))
• The Secretary of Homeland Security, working with the Attorney General, may officially designate groups as criminal gangs and must notify Congress before doing so (Sec. 2(d))
• Foreign nationals described as gang members cannot receive asylum (protection from persecution), cannot get special immigrant juvenile visas, and cannot receive temporary protected status (emergency stay in the country) (Sec. 2(f), 2(g), 2(h))
• Gang members must be detained without bail while their immigration cases are being decided (Sec. 2(e))
What Changes
If this bill becomes law, immigration officials will have new legal grounds to deny entry and order deportation of foreign nationals associated with criminal gangs. Congress must be notified before the government officially designates any group as a criminal gang. Foreign nationals cannot claim they need asylum because of gang violence, and they cannot receive several types of immigration protection that are currently available. All gang members in removal proceedings (legal hearings to deport them) must be held in detention rather than released.
Important Definitions
• "Criminal gang": An ongoing group, club, organization or association of 5 or more people that has as one of its main purposes committing specific crimes (drug offenses, human trafficking, crimes of violence, identity fraud, money laundering, racketeering and related crimes) and whose members have committed these crimes in the past 5 years, or has been officially designated as a criminal gang by the Secretary of Homeland Security after consulting with the Attorney General (Sec. 2(a))
• "Classified information": Information classified as secret under federal law (Sec. 2(d))
• "National security": The national defense, foreign relations or economic interests of the United States (Sec. 2(d))
Effective Date
The changes take effect on the date the bill is signed into law and apply to actions that happened before, on or after the bill is signed (Sec. 2(j))
I
118TH CONGRESS
1ST SESSION
H. R. 367
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 13, 2023
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
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‘‘(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
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‘‘(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
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‘‘(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
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•HR 367 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
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•HR 367 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
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•HR 367 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
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•HR 367 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
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•HR 367 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
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•HR 367 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
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•HR 367 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
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•HR 367 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.—Re
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