I 

109TH CONGRESS 

1ST SESSION H. R. 2933 

To amend the Immigration and Nationality Act to render inadmissible and 

deportable aliens who have participated in criminal street gangs, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2005 

Mr. FORBES (for himself, Mr. GALLEGLY, Mrs. JO ANN DAVIS of Virginia, 

Mr. GOODLATTE, Mr. BOOZMAN, Mr. BURTON of Indiana, Mr. NORWOOD, Mr. DEAL of Georgia, Ms. HARRIS, Ms. GINNY BROWN-WAITE of 

Florida, Mr. ISSA, Mr. FEENEY, and Mr. KING of Iowa) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to render 

inadmissible and deportable aliens who have participated 

in criminal street gangs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Alien Gang Removal 

5 Act of 2005’’. 
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1 SEC. 2. RENDERING INADMISSIBLE AND DEPORTABLE 

2 ALIENS PARTICIPATING IN CRIMINAL 

3 STREET GANGS. 

4 (a) INADMISSIBLE.—Section 212(a)(2) of the Immi5 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

6 amended by adding at the end the following: 

7 ‘‘(J) CRIMINAL STREET GANG PARTICIPA8 TION.— 

9 ‘‘(i) IN GENERAL.—Any alien is inad10 missible if— 

11 ‘‘(I) the alien has been removed 

12 under section 237(a)(2)(F); or 

13 ‘‘(II) the consular officer or the 

14 Secretary of Homeland Security 

15 knows, or has reasonable ground to 

16 believe that the alien— 

17 ‘‘(aa) is a member of a 

18 criminal street gang and has 

19 committed, conspired, or threat20 ened to commit, or seeks to enter 

21 the United States to engage sole22 ly, principally, or incidentally in, 

23 a gang crime or any other unlaw24 ful activity; or 
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1 ‘‘(bb) is a member of a 

2 criminal street gang designated 

3 under section 219A. 

4 ‘‘(ii) DEFINITIONS.—For purposes of 

5 this subparagraph: 

6 ‘‘(I) CRIMINAL STREET GANG.— 

7 The term ‘criminal street gang’ means 

8 a formal or informal group or associa9 tion of 3 or more individuals, who 

10 commit 2 or more gang crimes (one of 

11 which is a crime of violence, as de12 fined in section 16 of title 18, United 

13 States Code) in 2 or more separate 

14 criminal episodes in relation to the 

15 group or association. 

16 ‘‘(II) GANG CRIME.—The term 

17 ‘gang crime’ means conduct consti18 tuting any Federal or State crime, 

19 punishable by imprisonment for one 

20 year or more, in any of the following 

21 categories: 

22 ‘‘(aa) A crime of violence (as 

23 defined in section 16 of title 18, 

24 United States Code) . 
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1 ‘‘(bb) A crime involving ob2 struction of justice, tampering 

3 with or retaliating against a wit4 ness, victim, or informant, or 

5 burglary. 

6 ‘‘(cc) A crime involving the 

7 manufacturing, importing, dis8 tributing, possessing with intent 

9 to distribute, or otherwise dealing 

10 in a controlled substance or listed 

11 chemical (as those terms are de12 fined in section 102 of the Con13 trolled Substances Act (21 

14 U.S.C. 802)). 

15 ‘‘(dd) Any conduct punish16 able under section 844 of title 

17 18, United States Code (relating 

18 to explosive materials), sub19 section (d), (g)(1) (where the un20 derlying conviction is a violent 

21 felony (as defined in section 

22 924(e)(2)(B) of such title) or is a 

23 serious drug offense (as defined 

24 in section 924(e)(2)(A)), (i), (j), 

25 (k), (o), (p), (q), (u), or (x) of 
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1 section 922 of such title (relating 

2 to unlawful acts), or subsection 

3 (b), (c), (g), (h), (k), (l), (m), or 

4 (n) of section 924 of such title 

5 (relating to penalties), section 

6 930 of such title (relating to pos7 session of firearms and dan8 gerous weapons in Federal facili9 ties), section 931 of such title 

10 (relating to purchase, ownership, 

11 or possession of body armor by 

12 violent felons), sections 1028 and 

13 1029 of such title (relating to 

14 fraud and related activity in con15 nection with identification docu16 ments or access devices), section 

17 1952 of such title (relating to 

18 interstate and foreign travel or 

19 transportation in aid of racket20 eering enterprises), section 1956 

21 of such title (relating to the laun22 dering of monetary instruments), 

23 section 1957 of such title (relat24 ing to engaging in monetary 

25 transactions in property derived 
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1 from specified unlawful activity), 

2 or sections 2312 through 2315 of 

3 such title (relating to interstate 

4 transportation of stolen motor ve5 hicles or stolen property). 

6 ‘‘(ee) Any conduct punish7 able under section 274 (relating 

8 to bringing in and harboring cer9 tain aliens), section 277 (relating 

10 to aiding or assisting certain 

11 aliens to enter the United 

12 States), or section 278 (relating 

13 to importation of alien for im14 moral purpose) of this Act.’’. 

15 (b) DEPORTABLE.—Section 237(a)(2) of the Immi16 gration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

17 amended by adding at the end the following: 

18 ‘‘(F) CRIMINAL STREET GANG PARTICIPA19 TION.— 

20 ‘‘(i) IN GENERAL.—Any alien is de21 portable who— 

22 ‘‘(I) is a member of a criminal 

23 street gang and is convicted of com24 mitting, or conspiring, threatening, or 
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1 attempting to commit, a gang crime; 

2 or 

3 ‘‘(II) is determined by the Sec4 retary of Homeland Security to be a 

5 member of a criminal street gang des6 ignated under section 219A. 

7 ‘‘(ii) DEFINITIONS.—For purposes of 

8 this subparagraph, the terms ‘criminal 

9 street gang’ and ‘gang crime’ have the 

10 meaning given such terms in section 

11 212(a)(2)(J)(ii). ’’. 

12 (c) DESIGNATION OF CRIMINAL STREET GANGS.— 

13 (1) IN GENERAL.—Chapter 2 of title II of the 

14 Immigration and Nationality Act (8 U.S.C. 1181 et 

15 seq.) is amended by adding at the end the following: 

16 ‘‘DESIGNATION OF CRIMINAL STREET GANGS

17 ‘‘SEC. 219A. (a) DESIGNATION.— 

18 ‘‘(1) IN GENERAL.—The Attorney General is 

19 authorized to designate a group or association as a 

20 criminal street gang in accordance with this sub21 section if the Attorney General finds that the group 

22 or association meets the criteria described in section 

23 212(a)(2)(J)(ii)(I). 

24 ‘‘(2) PROCEDURE.— 

25 ‘‘(A) NOTICE.— 
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1 ‘‘(i) TO CONGRESSIONAL LEADERS.— 

2 Seven days before making a designation 

3 under this subsection, the Attorney Gen4 eral shall, by classified communication, no5 tify the Speaker and Minority Leader of 

6 the House of Representatives, the Presi7 dent pro tempore, Majority Leader, and 

8 Minority Leader of the Senate, and the 

9 members of the relevant committees of the 

10 House of Representatives and the Senate, 

11 in writing, of the intent to designate a 

12 group or association under this subsection, 

13 together with the findings made under 

14 paragraph (1) with respect to that group 

15 or association, and the factual basis there16 for. 

17 ‘‘(ii) PUBLICATION IN FEDERAL REG18 ISTER.—The Attorney shall publish the 

19 designation in the Federal Register seven 

20 days after providing the notification under 

21 clause (i). 

22 ‘‘(B) EFFECT OF DESIGNATION.— 

23 ‘‘(i) A designation under this sub24 section shall take effect upon publication 

25 under subparagraph (A)(ii). 
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1 ‘‘(ii) Any designation under this sub2 section shall cease to have effect upon an 

3 Act of Congress disapproving such des4 ignation. 

5 ‘‘(3) RECORD.—In making a designation under 

6 this subsection, the Attorney General shall create an 

7 administrative record. 

8 ‘‘(4) PERIOD OF DESIGNATION.— 

9 ‘‘(A) IN GENERAL.—A designation under 

10 this subsection shall be effective for all purposes 

11 until revoked under paragraph (5) or (6) or set 

12 aside pursuant to subsection (b). 

13 ‘‘(B) REVIEW OF DESIGNATION UPON PE14 TITION.— 

15 ‘‘(i) IN GENERAL.—The Attorney 

16 General shall review the designation of a 

17 criminal street gang under the procedures 

18 set forth in clauses (iii) and (iv) if the des19 ignated gang or association files a petition 

20 for revocation within the petition period 

21 described in clause (ii). 

22 ‘‘(ii) PETITION PERIOD.—For pur23 poses of clause (i)— 

24 ‘‘(I) if the designated gang or as25 sociation has not previously filed a pe-
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1 tition for revocation under this sub2 paragraph, the petition period begins 

3 2 years after the date on which the 

4 designation was made; or 

5 ‘‘(II) if the designated gang or 

6 association has previously filed a peti7 tion for revocation under this sub8 paragraph, the petition period begins 

9 2 years after the date of the deter10 mination made under clause (iv) on 

11 that petition. 

12 ‘‘(iii) PROCEDURES.—Any criminal 

13 street gang that submits a petition for rev14 ocation under this subparagraph must pro15 vide evidence in that petition that the rel16 evant circumstances described in para17 graph (1) are sufficiently different from 

18 the circumstances that were the basis for 

19 the designation such that a revocation with 

20 respect to the gang is warranted. 

21 ‘‘(iv) DETERMINATION.— 

22 ‘‘(I) IN GENERAL.—Not later 

23 than 180 days after receiving a peti24 tion for revocation submitted under 

25 this subparagraph, the Attorney Gen-
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1 eral shall make a determination as to 

2 such revocation. 

3 ‘‘(II) PUBLICATION OF DETER4 MINATION.—A determination made by 

5 the Attorney General under this 

6 clause shall be published in the Fed7 eral Register. 

8 ‘‘(III) PROCEDURES.—Any rev9 ocation by the Attorney General shall 

10 be made in accordance with para11 graph (6). 

12 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

13 ‘‘(i) IN GENERAL.—If in a 5-year pe14 riod no review has taken place under sub15 paragraph (B), the Attorney General shall 

16 review the designation of the criminal 

17 street gang in order to determine whether 

18 such designation should be revoked pursu19 ant to paragraph (6). 

20 ‘‘(ii) PROCEDURES.—If a review does 

21 not take place pursuant to subparagraph 

22 (B) in response to a petition for revocation 

23 that is filed in accordance with that sub24 paragraph, then the review shall be con25 ducted pursuant to procedures established 
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1 by the Attorney General. The results of 

2 such review and the applicable procedures 

3 shall not be reviewable in any court. 

4 ‘‘(iii) PUBLICATION OF RESULTS OF

5 REVIEW.—The Attorney General shall pub6 lish any determination made pursuant to 

7 this subparagraph in the Federal Register. 

8 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The 

9 Congress, by an Act of Congress, may block or re10 voke a designation made under paragraph (1). 

11 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR12 CUMSTANCES.— 

13 ‘‘(A) IN GENERAL.—The Attorney General 

14 may revoke a designation made under para15 graph (1) at any time, and shall revoke a des16 ignation upon completion of a review conducted 

17 pursuant to subparagraphs (B) and (C) of 

18 paragraph (4) if the Attorney General finds 

19 that— 

20 ‘‘(i) the circumstances that were the 

21 basis for the designation have changed in 

22 such a manner as to warrant revocation; or 

23 ‘‘(ii) the national security of the 

24 United States warrants a revocation. 
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1 ‘‘(B) PROCEDURE.—The procedural re2 quirements of paragraphs (2) and (3) shall 

3 apply to a revocation under this paragraph. Any 

4 revocation shall take effect on the date specified 

5 in the revocation or upon publication in the 

6 Federal Register if no effective date is specified. 

7 ‘‘(7) EFFECT OF REVOCATION.—The revocation 

8 of a designation under paragraph (5) or (6) shall 

9 not affect any action or proceeding based on conduct 

10 committed prior to the effective date of such revoca11 tion. 

12 ‘‘(8) USE OF DESIGNATION IN HEARING.—If a 

13 designation under this subsection has become effec14 tive under paragraph (2)(B) an alien in a removal 

15 proceeding shall not be permitted to raise any ques16 tion concerning the validity of the issuance of such 

17 designation as a defense or an objection at any hear18 ing. 

19 ‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 

20 ‘‘(1) IN GENERAL.—Not later than 30 days 

21 after publication of the designation in the Federal 

22 Register, an group or association designated as a 

23 criminal street gang may seek judicial review of the 

24 designation in the United States Court of Appeals 

25 for the District of Columbia Circuit. 
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1 ‘‘(2) BASIS OF REVIEW.—Review under this 

2 subsection shall be based solely upon the administra3 tive record. 

4 ‘‘(3) SCOPE OF REVIEW.—The Court shall hold 

5 unlawful and set aside a designation the court finds 

6 to be— 

7 ‘‘(A) arbitrary, capricious, an abuse of dis8 cretion, or otherwise not in accordance with 

9 law; 

10 ‘‘(B) contrary to constitutional right, 

11 power, privilege, or immunity; 

12 ‘‘(C) in excess of statutory jurisdiction, au13 thority, or limitation, or short of statutory 

14 right; 

15 ‘‘(D) lacking substantial support in the ad16 ministrative record taken as a whole; or 

17 ‘‘(E) not in accord with the procedures re18 quired by law. 

19 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend20 ency of an action for judicial review of a designation 

21 shall not affect the application of this section, unless 

22 the court issues a final order setting aside the des23 ignation. 

24 ‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 

25 this section, the term ‘relevant committees’ means the 
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1 Committees on the Judiciary of the House of Representa2 tives and of the Senate.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents for the Immigration and Nationality Act (8 

5 U.S.C. 1101 et seq.) is amended by inserting after 

6 the item relating to section 219 the following: 

‘‘Sec. 219A. Designation of criminal street gangs.’’. 

7 SEC. 3. MANDATORY DETENTION OF SUSPECTED CRIMINAL 

8 STREET GANG MEMBERS. 

9 (a) IN GENERAL.—Section 236(c)(1)(D) of the Im10 migration and Nationality Act (8 U.S.C. 1226(c)(1)(D)) 

11 is amended— 

12 (1) by inserting ‘‘or 212(a)(2)(J)’’ after 

13 ‘‘212(a)(3)(B)’’; and 

14 (2) by inserting ‘‘or 237(a)(2)(F)’’ before 

15 ‘‘237(a)(4)(B)’’. 

16 (b) ANNUAL REPORT.—Not later than March 1 of 

17 each year (beginning 1 year after the date of the enact18 ment of this Act), the Secretary of Homeland Security, 

19 after consultation with the appropriate Federal agencies, 

20 shall submit a report to the Committees on the Judiciary 

21 of the House of Representatives and of the Senate on the 

22 number of aliens detained under the amendments made 

23 by subsection (a). 
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1 SEC. 4. INELIGIBILITY FROM PROTECTION FROM REMOVAL 

2 AND ASYLUM. 

3 (a) INAPPLICABILITY OF RESTRICTION ON REMOVAL

4 TO CERTAIN COUNTRIES.—Section 241(b)(3)(B) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1251(b)(3)(B)) is amended, in the matter preceding 

7 clause (i), by inserting ‘‘who is described in section 

8 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who is’’ after 

9 ‘‘to an alien’’. 

10 (b) INELIGIBILITY FOR ASYLUM.—Section 

11 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) is 

12 amended— 

13 (1) in clause (v), by striking ‘‘or’’ at the end; 

14 (2) by redesignating clause (vi) as clause (vii); 

15 and 

16 (3) by inserting after clause (v) the following: 

17 ‘‘(vi) the alien is described in section 

18 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 

19 (relating to participation in criminal street 

20 gangs); or’’. 

21 (c) DENIAL OF REVIEW OF DETERMINATION OF IN22 ELIGIBILITY FOR TEMPORARY PROTECTED STATUS.— 

23 Section 244(c)(2) of such Act (8 U.S.C. 1254(c)(2)) is 

24 amended by adding at the end the following: 

25 ‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 

26 There shall be no judicial review of any finding 
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1 under subparagraph (B) that an alien is in de2 scribed in section 208(b)(2)(A)(vi).’’. 

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