I 

118TH CONGRESS 

2D SESSION H. R. 9657 

To amend the Immigration and Nationality Act to provide for the detention 

and removal of certain aliens belonging to international criminal gangs. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2024 

Mr. LOPEZ (for himself and Mr. OWENS) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

for the detention and removal of certain aliens belonging 

to international criminal gangs. 

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 ‘‘Detain and Deport 

5 Gang Members Act of 2024’’. 

6 SEC. 2. DETENTION OF CERTAIN ALIENS WHO BELONG TO 

7 INTERNATIONAL CRIMINAL GANGS. 

8 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 

9 of the Immigration and Nationality Act (8 U.S.C. 

10 1101(a)) is amended by adding at the end the following: 


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1 ‘‘(53) The term ‘criminal gang’ means an ongoing 

2 group, club, organization, or association of 5 or more per3 sons that has as one of its primary purposes the commis4 sion of 1 or more of the following criminal offenses and 

5 the members of which engage, or have engaged within the 

6 past 5 years, in a continuing series of such offenses, or 

7 that has been designated as a criminal gang by the Sec8 retary of Homeland Security, in consultation with the At9 torney General, as meeting these criteria. The offenses de10 scribed, whether in violation of Federal or State law or 

11 foreign law and regardless of whether the offenses oc12 curred before, on, or after the date of the enactment of 

13 this paragraph, are the following: 

14 ‘‘(A) A ‘felony drug offense’ (as defined in sec15 tion 102 of the Controlled Substances Act (21 

16 U.S.C. 802)). 

17 ‘‘(B) An offense under section 274 (relating to 

18 bringing in and harboring certain aliens), section 

19 277 (relating to aiding or assisting certain aliens to 

20 enter the United States), or section 278 (relating to 

21 importation of alien for immoral purpose). 

22 ‘‘(C) A crime of violence (as defined in section 

23 16 of title 18, United States Code). 


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1 ‘‘(D) A crime involving obstruction of justice, 

2 tampering with or retaliating against a witness, vic3 tim, or informant, or burglary. 

4 ‘‘(E) Any conduct punishable under sections 

5 1028 and 1029 of title 18, United States Code (re6 lating to fraud and related activity in connection 

7 with identification documents or access devices), sec8 tions 1581 through 1594 of such title (relating to 

9 peonage, slavery, and trafficking in persons), section 

10 1951 of such title (relating to interference with com11 merce by threats or violence), section 1952 of such 

12 title (relating to interstate and foreign travel or 

13 transportation in aid of racketeering enterprises), 

14 section 1956 of such title (relating to the laundering 

15 of monetary instruments), section 1957 of such title 

16 (relating to engaging in monetary transactions in 

17 property derived from specified unlawful activity), or 

18 sections 2312 through 2315 of such title (relating to 

19 interstate transportation of stolen motor vehicles or 

20 stolen property). 

21 ‘‘(F) A conspiracy to commit an offense de22 scribed in subparagraphs (A) through (E).’’. 

23 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 

24 (8 U.S.C. 1182(a)(2)) is amended by adding at the end 

25 the following: 


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1 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

2 GANGS.—Any alien is inadmissible who a con3 sular officer, the Secretary of Homeland Secu4 rity, or the Attorney General knows or has rea5 son to believe— 

6 ‘‘(i) to be or to have been a member 

7 of a criminal gang (as defined in section 

8 101(a)(53)); or 

9 ‘‘(ii) to have participated in the activi10 ties of a criminal gang (as defined in sec11 tion 101(a)(53)), knowing or having reason 

12 to know that such activities will promote, 

13 further, aid, or support the illegal activity 

14 of the criminal gang.’’. 

15 (c) DETENTION.—Section 236(c)(1) of the Immigra16 tion and Nationality Act (8 U.S.C. 1226(c)) is amended— 

17 (1) in paragraph (1)— 

18 (A) in the matter preceding subparagraph 

19 (A), by striking ‘‘Attorney General’’ and insert20 ing ‘‘Secretary of Homeland Security’’; 

21 (B) in subparagraph (C), by striking ‘‘, 

22 or’’ and inserting a comma; 

23 (C) in subparagraph (D), by adding ‘‘or’’ 

24 at the end; and 


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1 (D) by inserting after subparagraph (D) 

2 the following: 

3 ‘‘(E) is or has been a member of a crimi4 nal gang, or has participated in the activities of 

5 a criminal gang, knowing or having reason to 

6 know that such activities will promote, further, 

7 aid, or support the illegal activity of the crimi8 nal gang;’’; 

9 (2) by redesignating paragraph (2) as para10 graph (4); and 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) DETAINER.—The Secretary of Homeland 

14 Security shall issue a detainer for an alien described 

15 in paragraph (1)(E) and, if the alien is not other16 wise detained by Federal, State, or local officials, 

17 shall effectively and expeditiously take custody of the 

18 alien.’’. 

19 (d) DEPORTABILITY.—Section 237(a)(2) of the Im20 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— 


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1 ‘‘(i) is or has been a member of a 

2 criminal gang (as defined in section 

3 101(a)(53)); or 

4 ‘‘(ii) has participated in the activities 

5 of a criminal gang (as so defined), knowing 

6 or having reason to know that such activi7 ties will promote, further, aid, or support 

8 the illegal activity of the criminal gang.’’. 

9 (e) DESIGNATION.— 

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

11 Immigration and Nationality Act (8 U.S.C. 1182) is 

12 amended by inserting after section 219 the fol13 lowing: 

14 ‘‘DESIGNATION OF CRIMINAL GANG

15 ‘‘SEC. 220. (a) DESIGNATION.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se17 curity, in consultation with the Attorney General, may 

18 designate a group, club, organization, or association of 5 

19 or more persons as a criminal gang if the Secretary finds 

20 that their conduct is described in section 101(a)(53). 

21 ‘‘(2) PROCEDURE.— 

22 ‘‘(A) NOTIFICATION.—Seven days before mak23 ing a designation under this subsection, the Sec24 retary shall, by classified communication, notify the 

25 Speaker and Minority Leader of the House of Rep26 resentatives, the President pro tempore, Majority 


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1 Leader, and Minority Leader of the Senate, and the 

2 members of the relevant committees of the House of 

3 Representatives and the Senate, in writing, of the 

4 intent to designate a group, club, organization, or 

5 association of 5 or more persons under this sub6 section and the factual basis therefor. 

7 ‘‘(B) PUBLICATION IN THE FEDERAL REG8 ISTER.—The Secretary shall publish the designation 

9 in the Federal Register seven days after providing 

10 the notification under subparagraph (A). 

11 ‘‘(3) RECORD.— 

12 ‘‘(A) IN GENERAL.—In making a designation 

13 under this subsection, the Secretary shall create an 

14 administrative record. 

15 ‘‘(B) CLASSIFIED INFORMATION.—The Sec16 retary may consider classified information in making 

17 a designation under this subsection. Classified infor18 mation shall not be subject to disclosure for such 

19 time as it remains classified, except that such infor20 mation may be disclosed to a court ex parte and in 

21 camera for purposes of judicial review under sub22 section (c). 

23 ‘‘(4) PERIOD OF DESIGNATION.— 

24 ‘‘(A) IN GENERAL.—A designation under this 

25 subsection shall be effective for all purposes until reVerDate Sep 11 2014 23:06 Sep 30, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H9657.IH H9657

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1 voked under paragraph (5) or (6) or set aside pursu2 ant to subsection (c). 

3 ‘‘(B) REVIEW OF DESIGNATION UPON PETI4 TION.— 

5 ‘‘(i) IN GENERAL.—The Secretary shall re6 view the designation of a criminal gang under 

7 the procedures set forth in clauses (iii) and (iv) 

8 if the designated group, club, organization, or 

9 association of 5 or more persons files a petition 

10 for revocation within the petition period de11 scribed in clause (ii). 

12 ‘‘(ii) PETITION PERIOD.—For purposes of 

13 clause (i)— 

14 ‘‘(I) if the designated group, club, or15 ganization, or association of 5 or more per16 sons has not previously filed a petition for 

17 revocation under this subparagraph, the 

18 petition period begins 2 years after the 

19 date on which the designation was made; 

20 or 

21 ‘‘(II) if the designated group, club, or22 ganization, or association of 5 or more per23 sons has previously filed a petition for rev24 ocation under this subparagraph, the peti25 tion period begins 2 years after the date of 


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1 the determination made under clause (iv) 

2 on that petition. 

3 ‘‘(iii) PROCEDURES.—Any group, club, or4 ganization, or association of 5 or more persons 

5 that submits a petition for revocation under 

6 this subparagraph of its designation as a crimi7 nal gang must provide evidence in that petition 

8 that it is not described in section 101(a)(53). 

9 ‘‘(iv) DETERMINATION.— 

10 ‘‘(I) IN GENERAL.—Not later than 

11 180 days after receiving a petition for rev12 ocation submitted under this subpara13 graph, the Secretary shall make a deter14 mination as to such revocation. 

15 ‘‘(II) CLASSIFIED INFORMATION.— 

16 The Secretary may consider classified in17 formation in making a determination in re18 sponse to a petition for revocation. Classi19 fied information shall not be subject to dis20 closure for such time as it remains classi21 fied, except that such information may be 

22 disclosed to a court ex parte and in camera 

23 for purposes of judicial review under sub24 section (c). 


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1 ‘‘(III) PUBLICATION OF DETERMINA2 TION.—A determination made by the Sec3 retary under this clause shall be published 

4 in the Federal Register. 

5 ‘‘(IV) PROCEDURES.—Any revocation 

6 by the Secretary shall be made in accord7 ance with paragraph (6). 

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

9 ‘‘(i) IN GENERAL.—If in a 5-year period no 

10 review has taken place under subparagraph (B), 

11 the Secretary shall review the designation of the 

12 criminal gang in order to determine whether 

13 such designation should be revoked pursuant to 

14 paragraph (6). 

15 ‘‘(ii) PROCEDURES.—If a review does not 

16 take place pursuant to subparagraph (B) in re17 sponse to a petition for revocation that is filed 

18 in accordance with that subparagraph, then the 

19 review shall be conducted pursuant to proce20 dures established by the Secretary. The results 

21 of such review and the applicable procedures 

22 shall not be reviewable in any court. 

23 ‘‘(iii) PUBLICATION OF RESULTS OF RE24 VIEW.—The Secretary shall publish any deterVerDate Sep 11 2014 23:06 Sep 30, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H9657.IH H9657

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1 mination made pursuant to this subparagraph 

2 in the Federal Register. 

3 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con4 gress, by an Act of Congress, may block or revoke a des5 ignation made under paragraph (1). 

6 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR7 CUMSTANCES.— 

8 ‘‘(A) IN GENERAL.—The Secretary may revoke 

9 a designation made under paragraph (1) at any 

10 time, and shall revoke a designation upon completion 

11 of a review conducted pursuant to subparagraphs 

12 (B) and (C) of paragraph (4) if the Secretary finds 

13 that— 

14 ‘‘(i) the group, club, organization, or asso15 ciation of 5 or more persons that has been des16 ignated as a criminal gang is no longer de17 scribed in section 101(a)(53); or 

18 ‘‘(ii) the national security or the law en19 forcement interests of the United States war20 rants a revocation. 

21 ‘‘(B) PROCEDURE.—The procedural require22 ments of paragraphs (2) and (3) shall apply to a 

23 revocation under this paragraph. Any revocation 

24 shall take effect on the date specified in the revocaVerDate Sep 11 2014 23:06 Sep 30, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H9657.IH H9657

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1 tion or upon publication in the Federal Register if 

2 no effective date is specified. 

3 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 

4 designation under paragraph (5) or (6) shall not affect 

5 any action or proceeding based on conduct committed 

6 prior to the effective date of such revocation. 

7 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR8 ING.—If a designation under this subsection has become 

9 effective under paragraph (2) an alien in a removal pro10 ceeding shall not be permitted to raise any question con11 cerning the validity of the issuance of such designation 

12 as a defense or an objection. 

13 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 

14 ‘‘(1) IN GENERAL.—The Secretary may amend 

15 a designation under this subsection if the Secretary 

16 finds that the group, club, organization, or associa17 tion of 5 or more persons has changed its name, 

18 adopted a new alias, dissolved and then reconsti19 tuted itself under a different name or names, or 

20 merged with another group, club, organization, or 

21 association of 5 or more persons. 

22 ‘‘(2) PROCEDURE.—Amendments made to a 

23 designation in accordance with paragraph (1) shall 

24 be effective upon publication in the Federal Register. 

25 Paragraphs (2), (4), (5), (6), (7), and (8) of subVerDate Sep 11 2014 23:06 Sep 30, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H9657.IH H9657

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1 section (a) shall also apply to an amended designa2 tion. 

3 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis4 trative record shall be corrected to include the 

5 amendments as well as any additional relevant infor6 mation that supports those amendments. 

7 ‘‘(4) CLASSIFIED INFORMATION.—The Sec8 retary may consider classified information in amend9 ing a designation in accordance with this subsection. 

10 Classified information shall not be subject to disclo11 sure for such time as it remains classified, except 

12 that such information may be disclosed to a court ex 

13 parte and in camera for purposes of judicial review 

14 under subsection (c) of this section. 

15 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 

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

17 after publication in the Federal Register of a des18 ignation, an amended designation, or a determina19 tion in response to a petition for revocation, the des20 ignated group, club, organization, or association of 5 

21 or more persons may seek judicial review in the 

22 United States Court of Appeals for the District of 

23 Columbia Circuit. 

24 ‘‘(2) BASIS OF REVIEW.—Review under this 

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1 tive record, except that the Government may submit, 

2 for ex parte and in camera review, classified infor3 mation used in making the designation, amended 

4 designation, or determination in response to a peti5 tion for revocation. 

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

7 unlawful and set aside a designation, amended des8 ignation, or determination in response to a petition 

9 for revocation the court finds to be— 

10 ‘‘(A) arbitrary, capricious, an abuse of dis11 cretion, or otherwise not in accordance with 

12 law; 

13 ‘‘(B) contrary to constitutional right, 

14 power, privilege, or immunity; 

15 ‘‘(C) in excess of statutory jurisdiction, au16 thority, or limitation, or short of statutory 

17 right; 

18 ‘‘(D) lacking substantial support in the ad19 ministrative record taken as a whole or in clas20 sified information submitted to the court under 

21 paragraph (2); or 

22 ‘‘(E) not in accord with the procedures re23 quired by law. 

24 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend25 ency of an action for judicial review of a designation, 


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1 amended designation, or determination in response 

2 to a petition for revocation shall not affect the appli3 cation of this section, unless the court issues a final 

4 order setting aside the designation, amended des5 ignation, or determination in response to a petition 

6 for revocation. 

7 ‘‘(d) DEFINITIONS.—As used in this section— 

8 ‘‘(1) the term ‘classified information’ has the 

9 meaning given that term in section 1(a) of the Clas10 sified Information Procedures Act (18 U.S.C. App.); 

11 ‘‘(2) the term ‘national security’ means the na12 tional defense, foreign relations, or economic inter13 ests of the United States; 

14 ‘‘(3) the term ‘relevant committees’ means the 

15 Committees on the Judiciary of the Senate and of 

16 the House of Representatives; and 

17 ‘‘(4) the term ‘Secretary’ means the Secretary 

18 of Homeland Security, in consultation with the At19 torney General.’’. 

20 (2) CLERICAL AMENDMENT.—The table of con21 tents for such Act is amended by inserting after the 

22 item relating to section 219 the following: 

‘‘Sec. 220. Designation of criminal gang.’’. 

23 (f) ASYLUM CLAIMS BASED ON GANG AFFILI24 ATION.— 


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1 (1) INAPPLICABILITY OF RESTRICTION ON RE2 MOVAL TO CERTAIN COUNTRIES.—Section 

3 241(b)(3)(B) of the Immigration and Nationality 

4 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 

5 matter preceding clause (i), by inserting ‘‘who is de6 scribed in section 212(a)(2)(J)(i) or section 

7 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

8 (2) INELIGIBILITY FOR ASYLUM.—Section 

9 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

10 (as amended by section 201 of this Act) is further 

11 amended— 

12 (A) in clause (v), by striking ‘‘or’’ at the 

13 end; 

14 (B) by redesignating clause (vi) as clause 

15 (vii); and 

16 (C) by inserting after clause (v) the fol17 lowing: 

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

19 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 

20 or’’. 

21 (g) TEMPORARY PROTECTED STATUS.—Section 244 

22 of such Act (8 U.S.C. 1254a) is amended— 

23 (1) by striking ‘‘Attorney General’’ each place 

24 it appears and inserting ‘‘Secretary of Homeland Se25 curity’’; 


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1 (2) in subparagraph (c)(2)(B)— 

2 (A) in clause (i), by striking ‘‘or’’ at the 

3 end; 

4 (B) in clause (ii), by striking the period 

5 and inserting ‘‘; or’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(iii) the alien is, or at any time has 

8 been, described in section 212(a)(2)(J) or 

9 section 237(a)(2)(G).’’; and 

10 (3) in subsection (d)— 

11 (A) by striking paragraph (3); and 

12 (B) in paragraph (4), by adding at the end 

13 the following: ‘‘The Secretary of Homeland Se14 curity may detain an alien provided temporary 

15 protected status under this section whenever 

16 appropriate under any other provision of law.’’. 

17 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

18 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

19 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

20 (1) in subclause (I), by striking ‘‘and’’; 

21 (2) in subclause (II), by adding ‘‘and’’ at the 

22 end; and 

23 (3) by adding at the end the following: 

24 ‘‘(III) no alien who is, or at any 

25 time has been, described in section 


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1 212(a)(2)(J) or section 237(a)(2)(G) 

2 shall be eligible for any immigration 

3 benefit under this subparagraph;’’. 

4 (i) PAROLE.—An alien described in section 

5 212(a)(2)(J) of the Immigration and Nationality Act, as 

6 added by subsection (b), shall not be eligible for parole 

7 under section 212(d)(5)(A) of such Act unless— 

8 (1) the alien is assisting or has assisted the 

9 United States Government in a law enforcement 

10 matter, including a criminal investigation; and 

11 (2) the alien’s presence in the United States is 

12 required by the Government with respect to such as13 sistance. 

14 (j) EFFECTIVE DATE.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act and shall apply to acts that occur before, on, 

17 or after the date of the enactment of this Act. 

Æ 


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