I 

114TH CONGRESS 

2D SESSION H. R. 4856 

To make aliens associated with a criminal gang inadmissible, deportable, 

and ineligible for various forms of relief. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2016 

Mr. GOSAR (for himself, Mr. FORBES, Mr. BROOKS of Alabama, Mr. CALVERT, Mr. DESJARLAIS, Mr. DUNCAN of South Carolina, Mr. DUNCAN

of Tennessee, Mr. FARENTHOLD, Mr. BABIN, Mr. FRANKS of Arizona, 

Mr. GRIFFITH, Mr. JODY B. HICE of Georgia, Mr. JONES, Mr. KING of 

Iowa, Mr. OLSON, Mr. POE of Texas, Mr. ROGERS of Alabama, Mr. 

SCHWEIKERT, Mr. SESSIONS, Mr. WEBER of Texas, and Mr. 

HUELSKAMP) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To make aliens associated with a criminal gang inadmissible, 

deportable, and ineligible for various forms of relief. 

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

3 SECTION 1. ALIEN GANG MEMBERS. 

4 (a) DEFINITION.—Section 101(a) of the Immigration 

5 and Nationality Act (8 U.S.C. 1101(a)) is amended by 

6 adding at the end the following: 


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

2 ongoing group, club, organization, or association of 

3 5 or more persons— 

4 ‘‘(i)(I) that has as one of its primary pur5 poses the commission of 1 or more of the crimi6 nal offenses described in subparagraph (B); and 

7 ‘‘(II) the members of which engage, or 

8 have engaged within the past 5 years, in a con9 tinuing series of offenses described in subpara10 graph (B); or 

11 ‘‘(ii) that has been designated as a crimi12 nal gang under section 220 by the Secretary of 

13 Homeland Security, in consultation with the At14 torney General, or the Secretary of State. 

15 ‘‘(B) The offenses described in this subpara16 graph, whether in violation of Federal or State law 

17 or foreign law and regardless of whether the offenses 

18 occurred before, on, or after the date of the enact19 ment of this paragraph, are the following: 

20 ‘‘(i) A ‘felony drug offense’ (as defined in 

21 section 102 of the Controlled Substances Act 

22 (21 U.S.C. 802)). 

23 ‘‘(ii) An offense under section 274 (relat24 ing to bringing in and harboring certain aliens), 

25 section 277 (relating to aiding or assisting cerVerDate Sep 11 2014 21:13 Mar 24, 2016 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4856.IH H4856

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1 tain aliens to enter the United States), or sec2 tion 278 (relating to importation of alien for 

3 immoral purpose). 

4 ‘‘(iii) A crime of violence (as defined in 

5 section 16 of title 18, United States Code). 

6 ‘‘(iv) A crime involving obstruction of jus7 tice, tampering with or retaliating against a 

8 witness, victim, or informant, or burglary. 

9 ‘‘(v) Any conduct punishable under sec10 tions 1028 and 1029 of title 18, United States 

11 Code (relating to fraud and related activity in 

12 connection with identification documents or ac13 cess devices), sections 1581 through 1594 of 

14 such title (relating to peonage, slavery, and 

15 trafficking in persons), section 1952 of such 

16 title (relating to interstate and foreign travel or 

17 transportation in aid of racketeering enter18 prises), section 1956 of such title (relating to 

19 the laundering of monetary instruments), sec20 tion 1957 of such title (relating to engaging in 

21 monetary transactions in property derived from 

22 specified unlawful activity), or sections 2312 

23 through 2315 of such title (relating to inter24 state transportation of stolen motor vehicles or 

25 stolen property). 


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1 ‘‘(vi) A conspiracy to commit an offense 

2 described in clauses (i) through (v). 

3 ‘‘(C) Notwithstanding any other provision of 

4 law (including any effective date), the term ‘criminal 

5 gang’ applies regardless of whether the conduct oc6 curred before, on, or after the date of the enactment 

7 of this paragraph.’’. 

8 (b) INADMISSIBILITY.—Section 212(a)(2) of the Im9 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

10 amended by adding at the end the following: 

11 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

12 GANGS.—Any alien is inadmissible if a consular 

13 officer, the Secretary of Homeland Security, or 

14 the Attorney General knows or has reason to 

15 believe that the alien— 

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

17 criminal gang; or 

18 ‘‘(ii) has participated in the activities 

19 of a criminal gang knowing or having rea20 son to know that such activities will pro21 mote, further, aid, or support the illegal 

22 activity of the criminal gang.’’. 

23 (c) DEPORTABILITY.—Section 237(a)(2) of the Im24 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

25 amended by adding at the end the following: 


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1 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

2 GANGS.—Any alien is deportable if the Sec3 retary of Homeland Security or the Attorney 

4 General knows or has reason to believe that the 

5 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 (d) DESIGNATION.— 

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

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

16 seq.) is amended by inserting after section 219 the 

17 following: 

18 ‘‘SEC. 220. DESIGNATION OF CRIMINAL GANGS. 

19 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se20 curity, in consultation with the Attorney General, or the 

21 Secretary of State may designate a group or association 

22 as a criminal gang if their conduct is described in section 

23 101(a)(53) or if the group or association conduct poses 

24 a significant risk that threatens the security and the pub25 lic safety of nationals of the United States or the national 


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1 security, homeland security, foreign policy, or economy of 

2 the United States. 

3 ‘‘(b) EFFECTIVE DATE.—A designation made under 

4 subsection (a) shall remain in effect until the designation 

5 is revoked after consultation between the Secretary of 

6 Homeland Security, the Attorney General, and the Sec7 retary of State or is terminated in accordance with Fed8 eral law.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents in the first section of the Immigration and Na11 tionality Act is amended by inserting after the item 

12 relating to section 219 the following: 

‘‘220. Designation of criminal gangs.’’. 

13 (e) MANDATORY DETENTION OF CRIMINAL GANG

14 MEMBERS.— 

15 (1) IN GENERAL.—Section 236(c)(1)(D) of the 

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

17 1226(c)(1)(D)) is amended— 

18 (A) by striking ‘‘section 212(a)(3)(B)’’ and 

19 inserting ‘‘paragraph (2)(J) or (3)(B) of section 

20 212(a)’’; and 

21 (B) by striking ‘‘237(a)(4)(B),’’ and in22 serting ‘‘paragraph (2)(G) or (4)(B) of section 

23 237(a),’’. 

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

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


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1 enactment of this Act), the Secretary of Homeland 

2 Security, after consultation with the appropriate 

3 Federal agencies, shall submit a report to the Com4 mittee on the Judiciary of the Senate and the Com5 mittee on the Judiciary of the House of Representa6 tives on the number of aliens detained under the 

7 amendments made by paragraph (1). 

8 (f) ASYLUM CLAIMS BASED ON GANG AFFILI9 ATION.— 

10 (1) INAPPLICABILITY OF RESTRICTION ON RE11 MOVAL TO CERTAIN COUNTRIES.—Section 

12 241(b)(3)(B) of the Immigration and Nationality 

13 Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 

14 matter preceding clause (i), by inserting ‘‘who is de15 scribed in section 212(a)(2)(J)(i) or section 

16 237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 

17 (2) INELIGIBILITY FOR ASYLUM.—Section 

18 208(b)(2)(A) of the Immigration and Nationality 

19 Act (8 U.S.C. 1158(b)(2)(A)) is amended— 

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

21 end; 

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

23 (vii); and 

24 (C) by inserting after clause (v) the fol25 lowing: 


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

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

3 (relating to participation in criminal 

4 gangs); or’’. 

5 (g) TEMPORARY PROTECTED STATUS.—Section 244 

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

7 is amended— 

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

9 that term appears and inserting ‘‘Secretary of 

10 Homeland Security’’; 

11 (2) in subparagraph (c)(2)(B)— 

12 (A) in clause (i), by striking ‘‘States, or’’ 

13 and inserting ‘‘States;’’; 

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

15 and inserting ‘‘; or’’; and 

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

17 ‘‘(iii) the alien is a member of a crimi18 nal gang.’’; and 

19 (3) in subsection (d)— 

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

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

22 the following: ‘‘The Secretary of Homeland Se23 curity may detain an alien provided temporary 

24 protected status under this section whenever 

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


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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’’; 

5 (2) in subclause (II), by inserting ‘‘and’’ at the 

6 end; and 

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

8 ‘‘(III) no alien who is a member 

9 of a criminal gang shall be eligible for 

10 any immigration benefit under this 

11 subparagraph;’’. 

12 (i) DEFERRED ACTION.—An alien described in sec13 tion 212(a)(2)(J) of the Immigration and Nationality Act, 

14 as added by subsection (b), shall not be eligible for de15 ferred action. 

16 (j) PAROLE.—An alien described in section 

17 212(a)(2)(J) of the Immigration and Nationality Act, as 

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

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

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

21 United States Government in a law enforcement 

22 matter, including a criminal investigation; and 

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

24 required by the Government with respect to such as25 sistance. 


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1 (k) EFFECTIVE DATE.—The amendments made by 

2 this section— 

3 (1) shall take effect on the date of the enact4 ment of this Act; and 

5 (2) shall apply to acts that occur before, on, or 

6 after such date. 

7 SEC. 2. MANDATORY EXPEDITED REMOVAL OF DANGEROUS 

8 CRIMINALS, TERRORISTS, AND GANG MEM9 BERS. 

10 (a) IN GENERAL.—Notwithstanding any other provi11 sion of law, an immigration officer who finds an alien de12 scribed in subsection (b) at a land border or port of entry 

13 of the United States and determines that such alien is in14 admissible under the Immigration and Nationality Act (8 

15 U.S.C. 1101 et seq.) shall treat such alien in accordance 

16 with section 235 of the Immigration and Nationality Act 

17 (8 U.S.C. 1225). 

18 (b) THREATS TO PUBLIC SAFETY.—An alien de19 scribed in this subsection is an alien who the Secretary 

20 of Homeland Security determines, or has reason to be21 lieve— 

22 (1) has been convicted of any offense carrying 

23 a maximum term of imprisonment of more than 180 

24 days; 


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1 (2) has been convicted of an offense which in2 volved— 

3 (A) domestic violence (as defined in section 

4 40002(a) of the Violence Against Women Act of 

5 1994 (42 U.S.C. 13925(a)); 

6 (B) child abuse and neglect (as defined in 

7 section 40002(a) of the Violence Against 

8 Women Act of 1994 (42 U.S.C. 13925(a)); 

9 (C) assault resulting in bodily injury (as 

10 defined in section 2266 of title 18, United 

11 States Code); 

12 (D) the violation of a protection order (as 

13 defined in section 2266 of title 18, United 

14 States Code); 

15 (E) driving while intoxicated (as defined in 

16 section 164 of title 23, United States Code); or 

17 (F) any offense under foreign law, except 

18 for a purely political offense, which, if the of19 fense had been committed in the United States, 

20 would render the alien inadmissible under sec21 tion 212(a) of the Immigration and Nationality 

22 Act (8 U.S.C. 1182(a)); 

23 (3) has been convicted of more than 1 criminal 

24 offense (other than minor traffic offenses); 


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1 (4) has engaged in, is engaged in, or is likely 

2 to engage after entry in any terrorist activity (as de3 fined in section 212(a)(3)(B)(iii) of the Immigration 

4 and Nationality Act (8 U.S.C. 1182(a)(3)(B)(iii)), 

5 or intends to participate or has participated in the 

6 activities of a foreign terrorist organization (as des7 ignated under section 219 of the Immigration and 

8 Nationality Act (8 U.S.C. 1189)); 

9 (5) is or was a member of a criminal street 

10 gang (as defined in paragraph (53) of section 101(a) 

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

12 1101(a)), as added by section 1101(a)); or 

13 (6) has entered the United States more than 1 

14 time in violation of section 275(a) of the Immigra15 tion and Nationality Act (8 U.S.C. 1325(a)), know16 ing that the entry was unlawful. 

Æ 


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