I 

116TH CONGRESS 

1ST SESSION H. R. 1106 

To amend the Immigration and Nationality Act to provide that individuals 

who naturalized under title III of that Act, who are affiliated with 

a criminal gang, are subject to revocation of citizenship, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2019 

Mr. ZELDIN (for himself, Mr. KING of New York, Mr. MEADOWS, and Mr. 

BROOKS of Alabama) introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to provide 

that individuals who naturalized under title III of that 

Act, who are affiliated with a criminal gang, are subject 

to revocation of citizenship, 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 ‘‘Protecting Our Com5 munities from Gang Violence Act of 2019’’. 


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1 SEC. 2. DEFINITION OF CRIMINAL GANG. 

2 Section 101(a) of the Immigration and Nationality 

3 Act (8 U.S.C. 1101(a)) is amended by adding at the end 

4 the following: 

5 ‘‘(53) The term ‘criminal gang’ means an ongo6 ing group, club, organization, or association of five 

7 or more persons that has as one of its primary pur8 poses the commission of one or more of the following 

9 criminal offenses and the members of which engage, 

10 or have engaged within the past 5 years, in a con11 tinuing series of such offenses, or that has been des12 ignated as a criminal gang by the Secretary of 

13 Homeland Security, in consultation with the Attor14 ney General, as meeting these criteria. The offenses 

15 described, whether in violation of Federal or State 

16 law or foreign law and regardless of whether the of17 fenses occurred before, on, or after the date of the 

18 enactment of this paragraph, are the following: 

19 ‘‘(A) A ‘felony drug offense’ (as defined in 

20 section 102 of the Controlled Substances Act 

21 (21 U.S.C. 802)). 

22 ‘‘(B) An offense under section 274 (relat23 ing to bringing in and harboring certain aliens), 

24 section 277 (relating to aiding or assisting cer25 tain aliens to enter the United States), or secVerDate Sep 11 2014 22:07 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1106.IH H1106

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1 tion 278 (relating to importation of alien for 

2 immoral purpose). 

3 ‘‘(C) A crime of violence (as defined in sec4 tion 16 of title 18, United States Code). 

5 ‘‘(D) A crime involving obstruction of jus6 tice, tampering with or retaliating against a 

7 witness, victim, or informant, or burglary. 

8 ‘‘(E) Any conduct punishable under sec9 tions 1028 and 1029 of title 18, United States 

10 Code (relating to fraud and related activity in 

11 connection with identification documents or ac12 cess devices), sections 1581 through 1594 of 

13 such title (relating to peonage, slavery, and 

14 trafficking in persons), section 1951 of such 

15 title (relating to interference with commerce by 

16 threats or violence), section 1952 of such title 

17 (relating to interstate and foreign travel or 

18 transportation in aid of racketeering enter19 prises), section 1956 of such title (relating to 

20 the laundering of monetary instruments), sec21 tion 1957 of such title (relating to engaging in 

22 monetary transactions in property derived from 

23 specified unlawful activity), or sections 2312 

24 through 2315 of such title (relating to interVerDate Sep 11 2014 22:07 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1106.IH H1106

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1 state transportation of stolen motor vehicles or 

2 stolen property). 

3 ‘‘(F) A conspiracy to commit an offense 

4 described in subparagraphs (A) through (E).’’. 

5 SEC. 3. GROUNDS OF INADMISSIBILITY AND DEPORT6 ABILITY FOR ALIEN GANG MEMBERS. 

7 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im8 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

9 amended by adding at the end the following: 

10 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

11 GANGS.—Any alien is inadmissible who a con12 sular officer, the Secretary of Homeland Secu13 rity, or the Attorney General knows or has rea14 son to believe— 

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

16 of a criminal gang (as defined in section 

17 101(a)(53)); or 

18 ‘‘(ii) to have participated in the activi19 ties of a criminal gang (as defined in sec20 tion 101(a)(53)), knowing or having reason 

21 to know that such activities will promote, 

22 further, aid, or support the illegal activity 

23 of the criminal gang.’’. 


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1 (b) DEPORTABILITY.—Section 237(a)(2) of the Im2 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

3 amended by adding at the end the following: 

4 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

5 GANGS.—Any alien is deportable who— 

6 ‘‘(i) is or has been a member of a 

7 criminal gang (as defined in section 

8 101(a)(53)); or 

9 ‘‘(ii) has participated in the activities 

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

11 or having reason to know that such activi12 ties will promote, further, aid, or support 

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

14 (c) DESIGNATION.— 

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

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

17 amended by inserting after section 219 the fol18 lowing: 

19 ‘‘DESIGNATION OF CRIMINAL GANG

20 ‘‘SEC. 220. (a) DESIGNATION.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se22 curity, in consultation with the Attorney General, may 

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

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

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

26 ‘‘(2) PROCEDURE.— 


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1 ‘‘(A) NOTIFICATION.—Seven days before mak2 ing a designation under this subsection, the Sec3 retary shall, by classified communication, notify the 

4 Speaker and Minority Leader of the House of Rep5 resentatives, the President pro tempore, Majority 

6 Leader, and Minority Leader of the Senate, and the 

7 members of the relevant committees of the House of 

8 Representatives and the Senate, in writing, of the 

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

10 association of 5 or more persons under this sub11 section and the factual basis therefor. 

12 ‘‘(B) PUBLICATION IN THE FEDERAL REG13 ISTER.—The Secretary shall publish the designation 

14 in the Federal Register seven days after providing 

15 the notification under subparagraph (A). 

16 ‘‘(3) RECORD.— 

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

18 under this subsection, the Secretary shall create an 

19 administrative record. 

20 ‘‘(B) CLASSIFIED INFORMATION.—The Sec21 retary may consider classified information in making 

22 a designation under this subsection. Classified infor23 mation shall not be subject to disclosure for such 

24 time as it remains classified, except that such infor25 mation may be disclosed to a court ex parte and in 


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1 camera for purposes of judicial review under sub2 section (c). 

3 ‘‘(4) PERIOD OF DESIGNATION.— 

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

5 subsection shall be effective for all purposes until re6 voked under paragraph (5) or (6) or set aside pursu7 ant to subsection (c). 

8 ‘‘(B) REVIEW OF DESIGNATION UPON PETI9 TION.— 

10 ‘‘(i) IN GENERAL.—The Secretary shall re11 view the designation of a criminal gang under 

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

13 if the designated group, club, organization, or 

14 association of 5 or more persons files a petition 

15 for revocation within the petition period de16 scribed in clause (ii). 

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

18 clause (i)— 

19 ‘‘(I) if the designated group, club, or20 ganization, or association of 5 or more per21 sons has not previously filed a petition for 

22 revocation under this subparagraph, the 

23 petition period begins 2 years after the 

24 date on which the designation was made; 

25 or 


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1 ‘‘(II) if the designated group, club, or2 ganization, or association of 5 or more per3 sons has previously filed a petition for rev4 ocation under this subparagraph, the peti5 tion period begins 2 years after the date of 

6 the determination made under clause (iv) 

7 on that petition. 

8 ‘‘(iii) PROCEDURES.—Any group, club, or9 ganization, or association of 5 or more persons 

10 that submits a petition for revocation under 

11 this subparagraph of its designation as a crimi12 nal gang must provide evidence in that petition 

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

14 ‘‘(iv) DETERMINATION.— 

15 ‘‘(I) IN GENERAL.—Not later than 

16 180 days after receiving a petition for rev17 ocation submitted under this subpara18 graph, the Secretary shall make a deter19 mination as to such revocation. 

20 ‘‘(II) CLASSIFIED INFORMATION.— 

21 The Secretary may consider classified in22 formation in making a determination in re23 sponse to a petition for revocation. Classi24 fied information shall not be subject to dis25 closure for such time as it remains classiVerDate Sep 11 2014 22:07 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1106.IH H1106

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1 fied, except that such information may be 

2 disclosed to a court ex parte and in camera 

3 for purposes of judicial review under sub4 section (c). 

5 ‘‘(III) PUBLICATION OF DETERMINA6 TION.—A determination made by the Sec7 retary under this clause shall be published 

8 in the Federal Register. 

9 ‘‘(IV) PROCEDURES.—Any revocation 

10 by the Secretary shall be made in accord11 ance with paragraph (6). 

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

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

14 review has taken place under subparagraph (B), 

15 the Secretary shall review the designation of the 

16 criminal gang in order to determine whether 

17 such designation should be revoked pursuant to 

18 paragraph (6). 

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

20 take place pursuant to subparagraph (B) in re21 sponse to a petition for revocation that is filed 

22 in accordance with that subparagraph, then the 

23 review shall be conducted pursuant to proce24 dures established by the Secretary. The results 


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1 of such review and the applicable procedures 

2 shall not be reviewable in any court. 

3 ‘‘(iii) PUBLICATION OF RESULTS OF RE4 VIEW.—The Secretary shall publish any deter5 mination made pursuant to this subparagraph 

6 in the Federal Register. 

7 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con8 gress, by an Act of Congress, may block or revoke a des9 ignation made under paragraph (1). 

10 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR11 CUMSTANCES.— 

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

13 a designation made under paragraph (1) at any 

14 time, and shall revoke a designation upon completion 

15 of a review conducted pursuant to subparagraphs 

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

17 that— 

18 ‘‘(i) the group, club, organization, or asso19 ciation of 5 or more persons that has been des20 ignated as a criminal gang is no longer de21 scribed in section 101(a)(53); or 

22 ‘‘(ii) the national security or the law en23 forcement interests of the United States war24 rants a revocation. 


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1 ‘‘(B) PROCEDURE.—The procedural require2 ments of paragraphs (2) and (3) shall apply to a 

3 revocation under this paragraph. Any revocation 

4 shall take effect on the date specified in the revoca5 tion or upon publication in the Federal Register if 

6 no effective date is specified. 

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

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

9 any action or proceeding based on conduct committed 

10 prior to the effective date of such revocation. 

11 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR12 ING.—If a designation under this subsection has become 

13 effective under paragraph (2) an alien in a removal pro14 ceeding shall not be permitted to raise any question con15 cerning the validity of the issuance of such designation 

16 as a defense or an objection. 

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

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

19 a designation under this subsection if the Secretary 

20 finds that the group, club, organization, or associa21 tion of 5 or more persons has changed its name, 

22 adopted a new alias, dissolved and then reconsti23 tuted itself under a different name or names, or 

24 merged with another group, club, organization, or 

25 association of 5 or more persons. 


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

2 designation in accordance with paragraph (1) shall 

3 be effective upon publication in the Federal Register. 

4 Paragraphs (2), (4), (5), (6), (7), and (8) of sub5 section (a) shall also apply to an amended designa6 tion. 

7 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis8 trative record shall be corrected to include the 

9 amendments as well as any additional relevant infor10 mation that supports those amendments. 

11 ‘‘(4) CLASSIFIED INFORMATION.—The Sec12 retary may consider classified information in amend13 ing a designation in accordance with this subsection. 

14 Classified information shall not be subject to disclo15 sure for such time as it remains classified, except 

16 that such information may be disclosed to a court ex 

17 parte and in camera for purposes of judicial review 

18 under subsection (c) of this section. 

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

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

21 after publication in the Federal Register of a des22 ignation, an amended designation, or a determina23 tion in response to a petition for revocation, the des24 ignated group, club, organization, or association of 5 

25 or more persons may seek judicial review in the 


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1 United States Court of Appeals for the District of 

2 Columbia Circuit. 

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

4 subsection shall be based solely upon the administra5 tive record, except that the Government may submit, 

6 for ex parte and in camera review, classified infor7 mation used in making the designation, amended 

8 designation, or determination in response to a peti9 tion for revocation. 

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

11 unlawful and set aside a designation, amended des12 ignation, or determination in response to a petition 

13 for revocation the court finds to be— 

14 ‘‘(A) arbitrary, capricious, an abuse of dis15 cretion, or otherwise not in accordance with 

16 law; 

17 ‘‘(B) contrary to constitutional right, 

18 power, privilege, or immunity; 

19 ‘‘(C) in excess of statutory jurisdiction, au20 thority, or limitation, or short of statutory 

21 right; 

22 ‘‘(D) lacking substantial support in the ad23 ministrative record taken as a whole or in clas24 sified information submitted to the court under 

25 paragraph (2); or 


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1 ‘‘(E) not in accord with the procedures re2 quired by law. 

3 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend4 ency of an action for judicial review of a designation, 

5 amended designation, or determination in response 

6 to a petition for revocation shall not affect the appli7 cation of this section, unless the court issues a final 

8 order setting aside the designation, amended des9 ignation, or determination in response to a petition 

10 for revocation. 

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

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

13 meaning given that term in section 1(a) of the Clas14 sified Information Procedures Act (18 U.S.C. App.); 

15 ‘‘(2) the term ‘national security’ means the na16 tional defense, foreign relations, or economic inter17 ests of the United States; 

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

19 Committees on the Judiciary of the Senate and of 

20 the House of Representatives; and 

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

22 of Homeland Security, in consultation with the At23 torney General.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for such Act is amended by inserting after the 

3 item relating to section 219 the following: 

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

4 (d) MANDATORY DETENTION OF CRIMINAL GANG

5 MEMBERS.— 

6 (1) IN GENERAL.—Section 236(c)(1) of the Im7 migration and Nationality Act (8 U.S.C. 1226(c)(1)) 

8 is amended— 

9 (A) in subparagraph (C), by striking ‘‘or’’ 

10 at the end; 

11 (B) in subparagraph (D), by inserting 

12 ‘‘or’’ at the end; and 

13 (C) by inserting after subparagraph (D) 

14 the following: 

15 ‘‘(E) is inadmissible under section 

16 212(a)(2)(J) or deportable under section 

17 217(a)(2)(G),’’. 

18 (2) ANNUAL REPORT.—Not later than March 1 

19 of each year (beginning 1 year after the date of the 

20 enactment of this Act), the Secretary of Homeland 

21 Security, after consultation with the appropriate 

22 Federal agencies, shall submit a report to the Com23 mittees on the Judiciary of the House of Represent24 atives and of the Senate on the number of aliens deVerDate Sep 11 2014 22:07 Mar 11, 2019 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1106.IH H1106

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1 tained under the amendments made by paragraph 

2 (1). 

3 (e) ASYLUM CLAIMS BASED ON GANG AFFILI4 ATION.— 

5 (1) INAPPLICABILITY OF RESTRICTION ON RE6 MOVAL TO CERTAIN COUNTRIES.—Section 

7 241(b)(3)(B) of the Immigration and Nationality 

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

9 matter preceding clause (i), by inserting ‘‘who is de10 scribed in section 212(a)(2)(J)(i) or section 

11 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

12 (2) INELIGIBILITY FOR ASYLUM.—Section 

13 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

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

15 amended— 

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

17 end; 

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

19 (vii); and 

20 (C) by inserting after clause (v) the fol21 lowing: 

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

23 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 

24 or’’. 


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1 (f) TEMPORARY PROTECTED STATUS.—Section 244 

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

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

4 it appears and inserting ‘‘Secretary of Homeland Se5 curity’’; 

6 (2) in subparagraph (c)(2)(B)— 

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

8 end; 

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

10 and inserting ‘‘; or’’; and 

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

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

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

14 section 237(a)(2)(G).’’; and 

15 (3) in subsection (d)— 

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

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

18 the following: ‘‘The Secretary of Homeland Se19 curity may detain an alien provided temporary 

20 protected status under this section whenever 

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

22 (g) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

23 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

24 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

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


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

2 end; and 

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

4 ‘‘(III) no alien who is, or at any 

5 time has been, described in section 

6 212(a)(2)(J) or section 237(a)(2)(G) 

7 shall be eligible for any immigration 

8 benefit under this subparagraph;’’. 

9 (h) PAROLE.—An alien described in section 

10 212(a)(2)(J) of the Immigration and Nationality Act, as 

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

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

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

14 United States Government in a law enforcement 

15 matter, including a criminal investigation; and 

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

17 required by the Government with respect to such as18 sistance. 

19 SEC. 4. CRIMINAL GANG MEMBERS AND SUPPORTERS DIS20 QUALIFIED FROM GOOD MORAL CHARACTER 

21 PROVISION. 

22 Section 101(f) of the Immigration and Nationality 

23 Act (8 U.S.C. 1101(f)) is amended— 

24 (1) in paragraph (8), by striking ‘‘or’’ at the 

25 end; 


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1 (2) in paragraph (9), by striking the period at 

2 the end and inserting ‘‘; or’’; 

3 (3) by inserting after paragraph (9), the fol4 lowing: 

5 ‘‘(10) one whom the Secretary of Homeland Se6 curity or the Attorney General determines, in the 

7 unreviewable discretion of the Secretary of Home8 land Security or the Attorney General, to be an alien 

9 who— 

10 ‘‘(A) is or has ever been a member, asso11 ciate or affiliate of, or who has ever provided 

12 material support to, a criminal gang; 

13 ‘‘(B) is or has ever been a member, asso14 ciate or affiliate of, or who has ever provided 

15 material support to, a criminal street gang as 

16 defined in section 520 of title 18, United States 

17 Code; or 

18 ‘‘(C) has been convicted of or has admitted 

19 committing the essential elements of the fol20 lowing offenses— 

21 ‘‘(i) a felony drug offense (as defined 

22 in section 102 of the Controlled Sub23 stances Act (21 U.S.C. 802)); or 


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1 ‘‘(ii) has engaged in conduct punish2 able under section 274, 277, or 278 of the 

3 Immigration and Nationality Act; or 

4 ‘‘(iii) committed a crime of violence 

5 (as defined in section 16 of title 18, United 

6 States Code); or 

7 ‘‘(iv) committed a crime involving ob8 struction of justice, tampering with or re9 taliating against a witness, victim, or in10 formant, or burglary; or 

11 ‘‘(v) engaged in conduct punishable 

12 under section 1028 or 1029, and sections 

13 1541 through 1546 of title 18, United 

14 States Code; or 

15 ‘‘(vi) engaged in conduct punishable 

16 under sections 1581 through 1594 of title 

17 18, United States Code; or 

18 ‘‘(vii) engaged in conduct punishable 

19 under sections 1951, 1952, 1956, and 

20 1957 of title 18, United States Code; or 

21 ‘‘(viii) engaged in conduct punishable 

22 under sections 2312 through 2315 of title 

23 18, United States Code; or 

24 ‘‘(ix) attempted to engage in an of25 fense described in paragraphs (1) through 


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1 (8) above, or engaged in conduct punish2 able under sections 2 through 4, and sec3 tions 371 through 373 of title 18, United 

4 States Code, in furtherance of such an of5 fense.’’; and 

6 (4) by adding at the end, at the end of the mat7 ter following paragraph (10) (as inserted in this sec8 tion), the following: ‘‘An alien shall be deemed to 

9 have ‘admitted the essential elements of an offense’ 

10 upon an oral or written statement to such effect, or 

11 upon a conviction or formal finding by a competent 

12 Federal, State or local court, tribunal or military 

13 proceeding that said person has engaged in unlawful 

14 conduct whose essential elements include those that 

15 would be required for conviction of a disqualifying 

16 offense. A determination by the Secretary of Home17 land Security or Attorney General that an alien does 

18 not exhibit good moral character based on gang 

19 membership, association, affiliation, or provision of 

20 material support, may be based upon any relevant 

21 information or evidence, including classified, law en22 forcement sensitive, or national security information 

23 and shall be binding upon any court regardless of 

24 the applicable standard of review.’’. 


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1 SEC. 5. PROHIBITION AGAINST FILING. 

2 (a) IN GENERAL.—No person who— 

3 (1) is or has ever been a member, associate or 

4 affiliate of, or who has ever provided material sup5 port to, a criminal gang as defined in section 101 

6 of the Immigration and Nationality Act; 

7 (2) is or has ever been a member, associate or 

8 affiliate of, or who has ever provided material sup9 port to, a criminal street gang as defined in section 

10 520 of title 18 of the United States Code; or 

11 (3) has been convicted of or has admitted the 

12 essential elements of an offense as specified in sub13 section (b), 

14 shall be permitted to file an application or petition, or sub15 mit an affidavit of support, on behalf of an alien under 

16 any provision of the immigration laws, nor shall such per17 son be permitted to assume custodial care for an unaccom18 panied alien minor. 

19 (b) DISQUALIFYING OFFENSES.—Offenses which dis20 qualify a person under subsection (a) are— 

21 (1) a felony drug offense (as defined in section 

22 102 of the Controlled Substances Act (21 U.S.C. 

23 802)); 

24 (2) conduct punishable under section 274, 277, 

25 or 278 of the Immigration and Nationality Act; 


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1 (3) a crime of violence (as defined in section 16 

2 of title 18, United States Code); 

3 (4) a crime involving obstruction of justice, 

4 tampering with or retaliating against a witness, vic5 tim, or informant, or burglary; 

6 (5) conduct punishable under section 1028 or 

7 1029, and sections 1541 through 1546 of title 18 of 

8 the United States Code; 

9 (6) conduct punishable under sections 1581 

10 through 1594 of title 18 of the United States Code; 

11 (7) sections 1951, 1952, 1956, and 1957 of 

12 title 18 of the United States Code; 

13 (8) sections 2312 through 2315 of title 18 of 

14 the United States Code; or 

15 (9) any attempt to engage in an offense de16 scribed in paragraphs (1) through (8) above, or con17 duct punishable under sections 2 through 4, and sec18 tions 371 through 373 of title 18 of the United 

19 States Code in furtherance of such an offense. 

20 (c) ADMISSION OF ESSENTIAL ELEMENTS OF AN OF21 FENSE.—A person shall be deemed to have admitted the 

22 essential elements of an offense within the meaning of sub23 section (a)(3) upon an oral or written statement to such 

24 effect, or upon a conviction or formal finding by a com25 petent Federal, State or local court, tribunal or military 


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1 proceeding that said person has engaged in unlawful con2 duct whose essential elements include those that would be 

3 required for conviction of a disqualifying offense as de4 scribed in subsection (b). 

5 SEC. 6. DENATURALIZATION OF CRIMINAL GANG MEMBERS 

6 AND SUPPORTERS. 

7 Section 340 of the Immigration and Nationality Act 

8 (8 U.S.C. 1451) is amended by striking subsection (c) and 

9 inserting the following language: 

10 ‘‘(c) MEMBERSHIP IN CERTAIN ORGANIZATIONS; 

11 PRIMA FACIE EVIDENCE.— 

12 ‘‘(1) IN GENERAL.—If a person who shall have 

13 been naturalized after December 24, 1952, shall 

14 within 10 years following such naturalization become 

15 a member of or affiliated with any organization, 

16 membership in or affiliation with which at the time 

17 of naturalization would have precluded such person 

18 from naturalization under the provisions of section 

19 313, it shall be considered prima facie evidence that 

20 such person was not attached to the principles of the 

21 Constitution of the United States and was not well 

22 disposed to the good order and happiness of the 

23 United States at the time of naturalization, and, in 

24 the absence of countervailing evidence, it shall be 

25 sufficient in the proper proceeding to authorize the 


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1 revocation and setting aside of the order admitting 

2 such person to citizenship and the cancellation of the 

3 certificate of naturalization as having been obtained 

4 by concealment of a material fact or by willful mis5 representation, and such revocation and setting 

6 aside of the order admitting such person to citizen7 ship and such canceling of certificate of naturaliza8 tion shall be effective as of the original date of the 

9 order and certificate, respectively. 

10 ‘‘(2) ORGANIZATION, MEMBERSHIP IN OR AF11 FILIATION WITH WHICH AT THE TIME OF NATU12 RALIZATION WOULD HAVE PRECLUDED SUCH PER13 SON FROM NATURALIZATION.—The phrase ‘any or14 ganization, membership in or affiliation with which 

15 at the time of naturalization would have precluded 

16 such person from naturalization’ shall be deemed to 

17 include an alien who— 

18 ‘‘(A) is or has ever been a member, asso19 ciate or affiliate of, or who has ever provided 

20 material support to, a criminal gang; 

21 ‘‘(B) is or has ever been a member, asso22 ciate or affiliate of, or who has ever provided 

23 material support to, a criminal street gang as 

24 defined in section 520 of title 18 of the United 

25 States Code; or 


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1 ‘‘(C) has been convicted of or has admitted 

2 committing the essential elements of the fol3 lowing offenses— 

4 ‘‘(i) a felony drug offense (as defined 

5 in section 102 of the Controlled Sub6 stances Act (21 U.S.C. 802)); 

7 ‘‘(ii) has engaged in conduct punish8 able under section 274, 277, or 278; 

9 ‘‘(iii) committed a crime of violence 

10 (as defined in section 16 of title 18, United 

11 States Code); 

12 ‘‘(iv) committed a crime involving ob13 struction of justice, tampering with or re14 taliating against a witness, victim, or in15 formant, or burglary; 

16 ‘‘(v) engaged in conduct punishable 

17 under section 1028 or 1029, and sections 

18 1541 through 1546 of title 18 of the 

19 United States Code; 

20 ‘‘(vi) engaged in conduct punishable 

21 under sections 1581 through 1594 of title 

22 18 of the United States Code; or engaged 

23 in conduct punishable under sections 1951, 

24 1952, 1956, and 1957 of title 18 of the 

25 United States Code; 


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1 ‘‘(vii) engaged in conduct punishable 

2 under sections 2312 through 2315 of title 

3 18 of the United States Code; or 

4 ‘‘(viii) attempted to engage in an of5 fense described in clauses (i) through (viii) 

6 above, or engaged in conduct punishable 

7 under sections 2 through 4, and sections 

8 371 through 373 of title 18 of the United 

9 States Code in furtherance of such an of10 fense. 

11 ‘‘(3) DEEMED TO HAVE ADMITTED.—An alien 

12 shall be deemed to have admitted the essential ele13 ments of an offense within the meaning of para14 graph (2)(C) upon an oral or written statement to 

15 such effect, or upon a conviction or formal finding 

16 by a competent Federal, State or local court, tri17 bunal or military proceeding that said person has 

18 engaged in unlawful conduct whose essential ele19 ments include those that would be required for con20 viction of a disqualifying offense.’’. 

21 SEC. 7. EFFECTIVE DATE AND APPLICATION. 

22 The amendments made by this Act shall take effect 

23 on the date of the enactment, shall apply to any act that 

24 occurred before, on, or after the date of enactment, and 

25 shall apply to any application for naturalization or any 


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1 other benefit or relief, or any other case or matter under 

2 the immigration laws pending on or filed after the date 

3 of enactment of this Act. 

Æ 


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