I 

116TH CONGRESS 

1ST SESSION H. R. 98 

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 3, 2019 

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. 

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: 


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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) DEPORTABILITY.—Section 237(a)(2) of the Im16 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

17 amended by adding at the end the following: 

18 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

19 GANGS.—Any alien is deportable who— 

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

21 criminal gang (as defined in section 

22 101(a)(53)); or 

23 ‘‘(ii) has participated in the activities 

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

25 or having reason to know that such activiVerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98

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1 ties will promote, further, aid, or support 

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

3 (d) DESIGNATION.— 

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

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

6 amended by inserting after section 219 the fol7 lowing: 

8 ‘‘DESIGNATION OF CRIMINAL GANG

9 ‘‘SEC. 220. (a) DESIGNATION.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se11 curity, in consultation with the Attorney General, may 

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

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

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

15 ‘‘(2) PROCEDURE.— 

16 ‘‘(A) NOTIFICATION.—Seven days before mak17 ing a designation under this subsection, the Sec18 retary shall, by classified communication, notify the 

19 Speaker and Minority Leader of the House of Rep20 resentatives, the President pro tempore, Majority 

21 Leader, and Minority Leader of the Senate, and the 

22 members of the relevant committees of the House of 

23 Representatives and the Senate, in writing, of the 

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

25 association of 5 or more persons under this sub26 section and the factual basis therefor. 


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1 ‘‘(B) PUBLICATION IN THE FEDERAL REG2 ISTER.—The Secretary shall publish the designation 

3 in the Federal Register seven days after providing 

4 the notification under subparagraph (A). 

5 ‘‘(3) RECORD.— 

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

7 under this subsection, the Secretary shall create an 

8 administrative record. 

9 ‘‘(B) CLASSIFIED INFORMATION.—The Sec10 retary may consider classified information in making 

11 a designation under this subsection. Classified infor12 mation shall not be subject to disclosure for such 

13 time as it remains classified, except that such infor14 mation may be disclosed to a court ex parte and in 

15 camera for purposes of judicial review under sub16 section (c). 

17 ‘‘(4) PERIOD OF DESIGNATION.— 

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

19 subsection shall be effective for all purposes until re20 voked under paragraph (5) or (6) or set aside pursu21 ant to subsection (c). 

22 ‘‘(B) REVIEW OF DESIGNATION UPON PETI23 TION.— 

24 ‘‘(i) IN GENERAL.—The Secretary shall re25 view the designation of a criminal gang under 


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

2 if the designated group, club, organization, or 

3 association of 5 or more persons files a petition 

4 for revocation within the petition period de5 scribed in clause (ii). 

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

7 clause (i)— 

8 ‘‘(I) if the designated group, club, or9 ganization, or association of 5 or more per10 sons has not previously filed a petition for 

11 revocation under this subparagraph, the 

12 petition period begins 2 years after the 

13 date on which the designation was made; 

14 or 

15 ‘‘(II) if the designated group, club, or16 ganization, or association of 5 or more per17 sons has previously filed a petition for rev18 ocation under this subparagraph, the peti19 tion period begins 2 years after the date of 

20 the determination made under clause (iv) 

21 on that petition. 

22 ‘‘(iii) PROCEDURES.—Any group, club, or23 ganization, or association of 5 or more persons 

24 that submits a petition for revocation under 

25 this subparagraph of its designation as a crimiVerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98

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1 nal gang must provide evidence in that petition 

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

3 ‘‘(iv) DETERMINATION.— 

4 ‘‘(I) IN GENERAL.—Not later than 

5 180 days after receiving a petition for rev6 ocation submitted under this subpara7 graph, the Secretary shall make a deter8 mination as to such revocation. 

9 ‘‘(II) CLASSIFIED INFORMATION.— 

10 The Secretary may consider classified in11 formation in making a determination in re12 sponse to a petition for revocation. Classi13 fied information shall not be subject to dis14 closure for such time as it remains classi15 fied, except that such information may be 

16 disclosed to a court ex parte and in camera 

17 for purposes of judicial review under sub18 section (c). 

19 ‘‘(III) PUBLICATION OF DETERMINA20 TION.—A determination made by the Sec21 retary under this clause shall be published 

22 in the Federal Register. 

23 ‘‘(IV) PROCEDURES.—Any revocation 

24 by the Secretary shall be made in accord25 ance with paragraph (6). 


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

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

3 review has taken place under subparagraph (B), 

4 the Secretary shall review the designation of the 

5 criminal gang in order to determine whether 

6 such designation should be revoked pursuant to 

7 paragraph (6). 

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

9 take place pursuant to subparagraph (B) in re10 sponse to a petition for revocation that is filed 

11 in accordance with that subparagraph, then the 

12 review shall be conducted pursuant to proce13 dures established by the Secretary. The results 

14 of such review and the applicable procedures 

15 shall not be reviewable in any court. 

16 ‘‘(iii) PUBLICATION OF RESULTS OF RE17 VIEW.—The Secretary shall publish any deter18 mination made pursuant to this subparagraph 

19 in the Federal Register. 

20 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con21 gress, by an Act of Congress, may block or revoke a des22 ignation made under paragraph (1). 

23 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR24 CUMSTANCES.— 


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

2 a designation made under paragraph (1) at any 

3 time, and shall revoke a designation upon completion 

4 of a review conducted pursuant to subparagraphs 

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

6 that— 

7 ‘‘(i) the group, club, organization, or asso8 ciation of 5 or more persons that has been des9 ignated as a criminal gang is no longer de10 scribed in section 101(a)(53); or 

11 ‘‘(ii) the national security or the law en12 forcement interests of the United States war13 rants a revocation. 

14 ‘‘(B) PROCEDURE.—The procedural require15 ments of paragraphs (2) and (3) shall apply to a 

16 revocation under this paragraph. Any revocation 

17 shall take effect on the date specified in the revoca18 tion or upon publication in the Federal Register if 

19 no effective date is specified. 

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

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

22 any action or proceeding based on conduct committed 

23 prior to the effective date of such revocation. 

24 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR25 ING.—If a designation under this subsection has become 


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1 effective under paragraph (2) an alien in a removal pro2 ceeding shall not be permitted to raise any question con3 cerning the validity of the issuance of such designation 

4 as a defense or an objection. 

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

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

7 a designation under this subsection if the Secretary 

8 finds that the group, club, organization, or associa9 tion of 5 or more persons has changed its name, 

10 adopted a new alias, dissolved and then reconsti11 tuted itself under a different name or names, or 

12 merged with another group, club, organization, or 

13 association of 5 or more persons. 

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

15 designation in accordance with paragraph (1) shall 

16 be effective upon publication in the Federal Register. 

17 Paragraphs (2), (4), (5), (6), (7), and (8) of sub18 section (a) shall also apply to an amended designa19 tion. 

20 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis21 trative record shall be corrected to include the 

22 amendments as well as any additional relevant infor23 mation that supports those amendments. 

24 ‘‘(4) CLASSIFIED INFORMATION.—The Sec25 retary may consider classified information in amendVerDate Sep 11 2014 23:01 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H98.IH H98

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1 ing a designation in accordance with this subsection. 

2 Classified information shall not be subject to disclo3 sure for such time as it remains classified, except 

4 that such information may be disclosed to a court ex 

5 parte and in camera for purposes of judicial review 

6 under subsection (c) of this section. 

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

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

9 after publication in the Federal Register of a des10 ignation, an amended designation, or a determina11 tion in response to a petition for revocation, the des12 ignated group, club, organization, or association of 5 

13 or more persons may seek judicial review in the 

14 United States Court of Appeals for the District of 

15 Columbia Circuit. 

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

17 subsection shall be based solely upon the administra18 tive record, except that the Government may submit, 

19 for ex parte and in camera review, classified infor20 mation used in making the designation, amended 

21 designation, or determination in response to a peti22 tion for revocation. 

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

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1 ignation, or determination in response to a petition 

2 for revocation the court finds to be— 

3 ‘‘(A) arbitrary, capricious, an abuse of dis4 cretion, or otherwise not in accordance with 

5 law; 

6 ‘‘(B) contrary to constitutional right, 

7 power, privilege, or immunity; 

8 ‘‘(C) in excess of statutory jurisdiction, au9 thority, or limitation, or short of statutory 

10 right; 

11 ‘‘(D) lacking substantial support in the ad12 ministrative record taken as a whole or in clas13 sified information submitted to the court under 

14 paragraph (2); or 

15 ‘‘(E) not in accord with the procedures re16 quired by law. 

17 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend18 ency of an action for judicial review of a designation, 

19 amended designation, or determination in response 

20 to a petition for revocation shall not affect the appli21 cation of this section, unless the court issues a final 

22 order setting aside the designation, amended des23 ignation, or determination in response to a petition 

24 for revocation. 

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


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

2 meaning given that term in section 1(a) of the Clas3 sified Information Procedures Act (18 U.S.C. App.); 

4 ‘‘(2) the term ‘national security’ means the na5 tional defense, foreign relations, or economic inter6 ests of the United States; 

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

8 Committees on the Judiciary of the Senate and of 

9 the House of Representatives; and 

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

11 of Homeland Security, in consultation with the At12 torney General.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents for such Act is amended by inserting after the 

15 item relating to section 219 the following: 

‘‘Sec. 220. Designation.’’. 

16 (e) MANDATORY DETENTION OF CRIMINAL GANG

17 MEMBERS.— 

18 (1) IN GENERAL.—Section 236(c)(1) of the Im19 migration and Nationality Act (8 U.S.C. 1226(c)(1)) 

20 is amended— 

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

22 at the end; 

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

24 ‘‘or’’ at the end; and 


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1 (C) by inserting after subparagraph (D) 

2 the following: 

3 ‘‘(E) is inadmissible under section 

4 212(a)(2)(J) or deportable under section 

5 217(a)(2)(G),’’. 

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

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

8 enactment of this Act), the Secretary of Homeland 

9 Security, after consultation with the appropriate 

10 Federal agencies, shall submit a report to the Com11 mittees on the Judiciary of the House of Represent12 atives and of the Senate on the number of aliens de13 tained under the amendments made by paragraph 

14 (1). 

15 (f) ASYLUM CLAIMS BASED ON GANG AFFILI16 ATION.— 

17 (1) INAPPLICABILITY OF RESTRICTION ON RE18 MOVAL TO CERTAIN COUNTRIES.—Section 

19 241(b)(3)(B) of the Immigration and Nationality 

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

21 matter preceding clause (i), by inserting ‘‘who is de22 scribed in section 212(a)(2)(J)(i) or section 

23 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

24 (2) INELIGIBILITY FOR ASYLUM.—Section 

25 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 


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

2 amended— 

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

4 end; 

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

6 (vii); and 

7 (C) by inserting after clause (v) the fol8 lowing: 

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

10 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 

11 or’’. 

12 (g) TEMPORARY PROTECTED STATUS.—Section 244 

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

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

15 it appears and inserting ‘‘Secretary of Homeland Se16 curity’’; 

17 (2) in subparagraph (c)(2)(B)— 

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

19 end; 

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

21 and inserting ‘‘; or’’; and 

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

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

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

25 section 237(a)(2)(G).’’; and 


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1 (3) in subsection (d)— 

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

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

4 the following: ‘‘The Secretary of Homeland Se5 curity may detain an alien provided temporary 

6 protected status under this section whenever 

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

8 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

9 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

10 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

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

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

13 end; and 

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

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

16 time has been, described in section 

17 212(a)(2)(J) or section 237(a)(2)(G) 

18 shall be eligible for any immigration 

19 benefit under this subparagraph;’’. 

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

21 212(a)(2)(J) of the Immigration and Nationality Act, as 

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

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


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

2 United States Government in a law enforcement 

3 matter, including a criminal investigation; and 

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

5 required by the Government with respect to such as6 sistance. 

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

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

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

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

Æ 


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