II 

115TH CONGRESS 

2D SESSION S. 2380 

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 6, 2018 

Mr. HELLER 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. 

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 ‘‘Criminal Alien Gang 

5 Member Removal Act’’. 

6 SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORT7 ABILITY FOR ALIEN GANG MEMBERS. 

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: 


dlhill on DSK3GLQ082PROD with BILLS
2 

•S 2380 IS

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

2 group, club, organization, or association of 5 or more per3 sons that has, as 1 of its primary purposes, the commis4 sion of 1 or more of the criminal offenses listed in sub5 paragraphs (A) through (F), whether in violation of Fed6 eral, State, or foreign law and regardless of whether the 

7 offenses occurred before, on, or after the date of the enact8 ment of this paragraph, and the members of which engage, 

9 or have engaged within the past 5 years, in a continuing 

10 series of such offenses, or that has been designated as a 

11 criminal gang by the Secretary of Homeland Security, in 

12 consultation with the Attorney General, as meeting such 

13 criteria. 

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). 


dlhill on DSK3GLQ082PROD with BILLS
3 

•S 2380 IS

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 the Im24 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

25 amended by adding at the end the following: 


dlhill on DSK3GLQ082PROD with BILLS
4 

•S 2380 IS

1 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

2 GANGS.—Any alien is inadmissible if a consular 

3 officer, the Secretary of Homeland Security, or 

4 the Attorney General knows or has reason to 

5 believe that the alien— 

6 ‘‘(i) is or has been a member of a 

7 criminal gang; or 

8 ‘‘(ii) has participated in the activities 

9 of a criminal gang, knowing or having rea10 son to know that such activities will pro11 mote, further, aid, or support the illegal 

12 activity of the criminal gang.’’. 

13 (c) DEPORTABILITY.—Section 237(a)(2) of the Im14 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

15 amended by adding at the end the following: 

16 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

17 GANGS.—Any alien is deportable who— 

18 ‘‘(i) is or has been a member of a 

19 criminal gang (as defined in section 

20 101(a)(53)); or 

21 ‘‘(ii) has participated in the activities 

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

23 or having reason to know that such activi24 ties will promote, further, aid, or support 

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


dlhill on DSK3GLQ082PROD with BILLS
5 

•S 2380 IS

1 (d) DESIGNATION.— 

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

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

4 amended by inserting after section 219 the fol5 lowing: 

6 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANG. 

7 ‘‘(a) DESIGNATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary, in consulta9 tion with the Attorney General, may designate a 

10 group, club, organization, or association of 5 or 

11 more persons as a criminal gang if the Secretary 

12 finds that their conduct is described in section 

13 101(a)(53). 

14 ‘‘(2) PROCEDURE.— 

15 ‘‘(A) NOTIFICATION.—Not later than 7 

16 days before making a designation under this 

17 subsection, the Secretary, by classified commu18 nication, shall submit written notification to the 

19 Speaker and Minority Leader of the House of 

20 Representatives, the President pro tempore, 

21 Majority Leader, and Minority Leader of the 

22 Senate, and the members of the relevant com23 mittees of the House of Representatives and the 

24 Senate of the intent to designate a group, club, 

25 organization, or association of 5 or more perVerDate Sep 11 2014 00:19 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2380.IS S2380

dlhill on DSK3GLQ082PROD with BILLS
6 

•S 2380 IS

1 sons under this subsection and the factual basis 

2 for such designation. 

3 ‘‘(B) PUBLICATION IN THE FEDERAL REG4 ISTER.—Not later than 7 days after submitting 

5 the notification under subparagraph (A), the 

6 Secretary shall publish each designation under 

7 this subsection in the Federal Register. 

8 ‘‘(3) RECORD.— 

9 ‘‘(A) IN GENERAL.—In making a designa10 tion under this subsection, the Secretary shall 

11 create an administrative record. 

12 ‘‘(B) CLASSIFIED INFORMATION.—The 

13 Secretary may consider classified information in 

14 making a designation under this subsection. 

15 Classified information may not be subject to 

16 disclosure while it remains classified, except 

17 that such information may be disclosed to a 

18 court ex parte and in camera for purposes of 

19 judicial review under subsection (c). 

20 ‘‘(4) PERIOD OF DESIGNATION.— 

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

22 this subsection shall be effective for all purposes 

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

24 aside pursuant to subsection (c). 


dlhill on DSK3GLQ082PROD with BILLS
7 

•S 2380 IS

1 ‘‘(B) REVIEW OF DESIGNATION UPON PE2 TITION.— 

3 ‘‘(i) IN GENERAL.—The Secretary 

4 shall review the designation of a criminal 

5 gang under the procedures set forth in 

6 clauses (iii) and (iv) if the designated 

7 group, club, organization, or association of 

8 5 or more persons files a petition for rev9 ocation within the petition period described 

10 in clause (ii). 

11 ‘‘(ii) PETITION PERIOD.—For pur12 poses of clause (i)— 

13 ‘‘(I) if the designated group, 

14 club, organization, or association of 5 

15 or more persons has not previously 

16 filed a petition for revocation under 

17 this subparagraph, the petition period 

18 begins 2 years after the date on which 

19 the designation was made; or 

20 ‘‘(II) if the designated group, 

21 club, organization, or association of 5 

22 or more persons has previously filed a 

23 petition for revocation under this sub24 paragraph, the petition period begins 

25 2 years after the date of the deterVerDate Sep 11 2014 00:19 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2380.IS S2380

dlhill on DSK3GLQ082PROD with BILLS
8 

•S 2380 IS

1 mination made under clause (iv) on 

2 that petition. 

3 ‘‘(iii) PROCEDURES.—Any group, 

4 club, organization, or association of 5 or 

5 more persons that submits a petition for 

6 revocation under this subparagraph of its 

7 designation as a criminal gang must pro8 vide evidence in that petition that the 

9 group, club, organization, or association is 

10 not described in section 101(a)(53). 

11 ‘‘(iv) DETERMINATION.— 

12 ‘‘(I) IN GENERAL.—Not later 

13 than 180 days after receiving a peti14 tion for revocation submitted under 

15 this subparagraph, the Secretary shall 

16 make a determination regarding such 

17 revocation. 

18 ‘‘(II) CLASSIFIED INFORMA19 TION.—The Secretary may consider 

20 classified information in making a de21 termination in response to a petition 

22 for revocation. Classified information 

23 shall not be subject to disclosure for 

24 such time as it remains classified, ex25 cept that such information may be 


dlhill on DSK3GLQ082PROD with BILLS
9 

•S 2380 IS

1 disclosed to a court ex parte and in 

2 camera for purposes of judicial review 

3 under subsection (c). 

4 ‘‘(III) PUBLICATION OF DETER5 MINATION.—A determination made by 

6 the Secretary under this clause shall 

7 be published in the Federal Register. 

8 ‘‘(IV) PROCEDURES.—Any rev9 ocation by the Secretary shall be 

10 made in accordance with paragraph 

11 (6). 

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

13 ‘‘(i) IN GENERAL.—If no review has 

14 taken place under subparagraph (B) dur15 ing a 5-year period, the Secretary shall re16 view the designation of the criminal gang 

17 in order to determine whether such des18 ignation should be revoked pursuant to 

19 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, a review shall be conducted 

25 pursuant to procedures established by the 


dlhill on DSK3GLQ082PROD with BILLS
10 

•S 2380 IS

1 Secretary. The results of such review and 

2 the applicable procedures are not review3 able by any court. 

4 ‘‘(iii) PUBLICATION OF RESULTS OF

5 REVIEW.—The Secretary shall publish any 

6 determination made under this subpara7 graph 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 Secretary may re14 voke a designation made under paragraph (1) 

15 at any time, and shall revoke a designation 

16 upon completion of a review conducted under 

17 subparagraphs (B) and (C) of paragraph (4) if 

18 the Secretary determines that— 

19 ‘‘(i) the group, club, organization, or 

20 association of 5 or more persons that has 

21 been designated as a criminal gang is no 

22 longer described in section 101(a)(53); or 

23 ‘‘(ii) the national security or the law 

24 enforcement interests of the United States 

25 warrants a revocation. 


dlhill on DSK3GLQ082PROD with BILLS
11 

•S 2380 IS

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 TRIAL OR HEAR13 ING.—If a designation under this subsection has be14 come effective under paragraph (2), an alien in a re15 moval proceeding may not raise any question con16 cerning the validity of the issuance of such designa17 tion as a defense or an objection. 

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

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

20 a designation under this subsection if the Secretary 

21 determines that the group, club, organization, or as22 sociation of 5 or more persons has changed its 

23 name, adopted a new alias, dissolved and then recon24 stituted itself under a different name or names, or 


dlhill on DSK3GLQ082PROD with BILLS
12 

•S 2380 IS

1 merged with another group, club, organization, or 

2 association of 5 or more persons. 

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

4 designation under paragraph (1) shall be effective 

5 upon publication in the Federal Register. Para6 graphs (2), (4), (5), (6), (7), and (8) of subsection 

7 (a) shall also apply to an amended designation. 

8 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis9 trative record shall be corrected to include the 

10 amendments and any additional relevant information 

11 that supports such amendments. 

12 ‘‘(4) CLASSIFIED INFORMATION.—The Sec13 retary may consider classified information in amend14 ing a designation in accordance with this subsection. 

15 Classified information shall not be subject to disclo16 sure while it remains classified, except that such in17 formation may be disclosed to a court ex parte and 

18 in camera for purposes of judicial review under sub19 section (c). 

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

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

22 after publication in the Federal Register of a des23 ignation, an amended designation, or a determina24 tion in response to a petition for revocation, the des25 ignated group, club, organization, or association of 5 


dlhill on DSK3GLQ082PROD with BILLS
13 

•S 2380 IS

1 or more persons may seek judicial review in the 

2 United States Court of Appeals for the District of 

3 Columbia Circuit. 

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

5 subsection shall be based solely upon the administra6 tive record, except that the Government may submit, 

7 for ex parte and in camera review, classified infor8 mation used in making the designation, amended 

9 designation, or determination in response to a peti10 tion for revocation. 

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

12 unlawful and set aside a designation, amended des13 ignation, or determination in response to a petition 

14 for revocation the court finds to be— 

15 ‘‘(A) arbitrary, capricious, an abuse of dis16 cretion, or otherwise not in accordance with 

17 law; 

18 ‘‘(B) contrary to constitutional right, 

19 power, privilege, or immunity; 

20 ‘‘(C) in excess of statutory jurisdiction, au21 thority, or limitation, or short of statutory 

22 right; 

23 ‘‘(D) lacking substantial support in the ad24 ministrative record taken as a whole or in clasVerDate Sep 11 2014 00:19 Feb 08, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S2380.IS S2380

dlhill on DSK3GLQ082PROD with BILLS
14 

•S 2380 IS

1 sified information submitted to the court under 

2 paragraph (2); or 

3 ‘‘(E) not in accord with the procedures re4 quired by law. 

5 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend6 ency of an action for judicial review of a designation, 

7 amended designation, or determination in response 

8 to a petition for revocation shall not affect the appli9 cation of this section, unless the court issues a final 

10 order setting aside the designation, amended des11 ignation, or determination in response to a petition 

12 for revocation. 

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

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

15 meaning given that term in section 1(a) of the Clas16 sified Information Procedures Act (18 U.S.C. App.); 

17 ‘‘(2) the term ‘national security’ means the na18 tional defense, foreign relations, or economic inter19 ests of the United States; 

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

21 Committees on the Judiciary of the Senate and of 

22 the House of Representatives; and 

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

24 of Homeland Security, in consultation with the At25 torney General.’’. 


dlhill on DSK3GLQ082PROD with BILLS
15 

•S 2380 IS

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 (e) 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 (A), by striking the 

10 comma at the end and inserting a semicolon; 

11 (B) in subparagraph (B), by striking the 

12 comma at the end and inserting a semicolon; 

13 (C) in subparagraph (C), by striking ‘‘, or’’ 

14 at the end and inserting a semicolon; 

15 (D) in subparagraph (D), by striking the 

16 comma at the end and inserting ‘‘; or’’; and 

17 (E) by inserting after subparagraph (D) 

18 the following: 

19 ‘‘(E) is inadmissible under section 

20 212(a)(2)(J) or deportable under section 

21 217(a)(2)(G),’’. 

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

23 of the first year beginning after the date of the en24 actment of this Act, and annually thereafter, the 

25 Secretary of Homeland Security, after consultation 


dlhill on DSK3GLQ082PROD with BILLS
16 

•S 2380 IS

1 with the appropriate Federal agencies, shall submit 

2 a report to the Committee on the Judiciary of the 

3 Senate and the Committee on the Judiciary of the 

4 House of Representatives that identifies the number 

5 of aliens detained as a result of the amendment 

6 made by paragraph (1)(E). 

7 (f) ASYLUM CLAIMS BASED ON GANG AFFILI8 ATION.— 

9 (1) INAPPLICABILITY OF RESTRICTION ON RE10 MOVAL TO CERTAIN COUNTRIES.—Section 

11 241(b)(3)(B) of the Immigration and Nationality 

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

13 matter preceding clause (i), by inserting ‘‘who is de14 scribed in section 212(a)(2)(J)(i) or section 

15 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

16 (2) INELIGIBILITY FOR ASYLUM.—Section 

17 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

18 is amended— 

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

20 end; 

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

22 (vii); and 

23 (C) by inserting after clause (v) the fol24 lowing: 


dlhill on DSK3GLQ082PROD with BILLS
17 

•S 2380 IS

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

2 212(a)(2)(J)(i) or 237(a)(2)(G)(i); or’’. 

3 (g) TEMPORARY PROTECTED STATUS.—Section 244 

4 of the Immigration and Nationality Act (8 U.S.C. 1254a) 

5 is amended— 

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

7 such term appears and inserting ‘‘Secretary of 

8 Homeland Security’’; 

9 (2) in subsection (c)(2)(B)— 

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

11 end and inserting a semicolon; 

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

13 and inserting ‘‘; or’’; and 

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

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

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

17 237(a)(2)(G).’’; and 

18 (3) in subsection (d)— 

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

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

21 the following: ‘‘The Secretary of Homeland Se22 curity may detain an alien provided temporary 

23 protected status under this section whenever 

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


dlhill on DSK3GLQ082PROD with BILLS
18 

•S 2380 IS

1 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

2 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

3 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

4 (1) in subclause (I), by striking ‘‘and’’ at the 

5 end; 

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

7 end; and 

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

9 ‘‘(III) no alien who is, or at any 

10 time has been, described in section 

11 212(a)(2)(J) or 237(a)(2)(G) shall be 

12 eligible for any immigration benefit 

13 under this subparagraph;’’. 

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

15 212(a)(2)(J) of the Immigration and Nationality Act, as 

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

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

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

19 United States Government in a law enforcement 

20 matter, including a criminal investigation; and 

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

22 required by the Government with respect to such as23 sistance. 

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

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


dlhill on DSK3GLQ082PROD with BILLS
19 

•S 2380 IS

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

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

Æ 


dlhill on DSK3GLQ082PROD with BILLS