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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4856 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. ALIEN GANG MEMBERS.

    (a) Definition.--Section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)) is amended by adding at the end the following:
            ``(53)(A) The term `criminal gang' means an ongoing group, 
        club, organization, or association of 5 or more persons--
                    ``(i)(I) that has as one of its primary purposes 
                the commission of 1 or more of the criminal offenses 
                described in subparagraph (B); and
                    ``(II) the members of which engage, or have engaged 
                within the past 5 years, in a continuing series of 
                offenses described in subparagraph (B); or
                    ``(ii) that has been designated as a criminal gang 
                under section 220 by the Secretary of Homeland 
                Security, in consultation with the Attorney General, or 
                the Secretary of State.
            ``(B) The offenses described in this subparagraph, whether 
        in violation of Federal or State law or foreign law and 
        regardless of whether the offenses occurred before, on, or 
        after the date of the enactment of this paragraph, are the 
        following:
                    ``(i) A `felony drug offense' (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)).
                    ``(ii) An offense under section 274 (relating to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                importation of alien for immoral purpose).
                    ``(iii) A crime of violence (as defined in section 
                16 of title 18, United States Code).
                    ``(iv) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(v) Any conduct punishable under sections 1028 
                and 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery, and trafficking in persons), section 1952 of 
                such title (relating to interstate and foreign travel 
                or transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property).
                    ``(vi) A conspiracy to commit an offense described 
                in clauses (i) through (v).
            ``(C) Notwithstanding any other provision of law (including 
        any effective date), the term `criminal gang' applies 
        regardless of whether the conduct occurred before, on, or after 
        the date of the enactment of this paragraph.''.
    (b) Inadmissibility.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Aliens associated with criminal gangs.--Any 
                alien is inadmissible if a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe that the alien--
                            ``(i) is or has been a member of a criminal 
                        gang; or
                            ``(ii) has participated in the activities 
                        of a criminal gang knowing or having reason to 
                        know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end 
the following:
                    ``(G) Aliens associated with criminal gangs.--Any 
                alien is deportable if the Secretary of Homeland 
                Security or the Attorney General knows or has reason to 
                believe that the alien--
                            ``(i) is or has been a member of a criminal 
                        gang; or
                            ``(ii) has participated in the activities 
                        of a criminal gang, knowing or having reason to 
                        know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        inserting after section 219 the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

    ``(a) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, or the Secretary of State may 
designate a group or association as a criminal gang if their conduct is 
described in section 101(a)(53) or if the group or association conduct 
poses a significant risk that threatens the security and the public 
safety of nationals of the United States or the national security, 
homeland security, foreign policy, or economy of the United States.
    ``(b) Effective Date.--A designation made under subsection (a) 
shall remain in effect until the designation is revoked after 
consultation between the Secretary of Homeland Security, the Attorney 
General, and the Secretary of State or is terminated in accordance with 
Federal law.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 219 the following:

``220. Designation of criminal gangs.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by striking ``section 212(a)(3)(B)'' and 
                inserting ``paragraph (2)(J) or (3)(B) of section 
                212(a)''; and
                    (B) by striking ``237(a)(4)(B),'' and inserting 
                ``paragraph (2)(G) or (4)(B) of section 237(a),''.
            (2) Annual report.--Not later than March 1 of each year 
        (beginning 1 year after the date of the enactment of this Act), 
        the Secretary of Homeland Security, after consultation with the 
        appropriate Federal agencies, shall submit a report to the 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives on the number of 
        aliens detained under the amendments made by paragraph (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' 
        after ``to an alien''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
        amended--
                    (A) in clause (v), by striking ``or'' at the end;
                    (B) by redesignating clause (vi) as clause (vii); 
                and
                    (C) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(G)(i) 
                        (relating to participation in criminal gangs); 
                        or''.
    (g) Temporary Protected Status.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``States, or'' and 
                inserting ``States;'';
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is a member of a criminal 
                        gang.''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.
    (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) 
is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by inserting ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is a member of 
                                a criminal gang shall be eligible for 
                                any immigration benefit under this 
                                subparagraph;''.
    (i) Deferred Action.--An alien described in section 212(a)(2)(J) of 
the Immigration and Nationality Act, as added by subsection (b), shall 
not be eligible for deferred action.
    (j) Parole.--An alien described in section 212(a)(2)(J) of the 
Immigration and Nationality Act, as added by subsection (b), shall not 
be eligible for parole under section 212(d)(5)(A) of such Act unless--
            (1) the alien is assisting or has assisted the United 
        States Government in a law enforcement matter, including a 
        criminal investigation; and
            (2) the alien's presence in the United States is required 
        by the Government with respect to such assistance.
    (k) Effective Date.--The amendments made by this section--
            (1) shall take effect on the date of the enactment of this 
        Act; and
            (2) shall apply to acts that occur before, on, or after 
        such date.

SEC. 2. MANDATORY EXPEDITED REMOVAL OF DANGEROUS CRIMINALS, TERRORISTS, 
              AND GANG MEMBERS.

    (a) In General.--Notwithstanding any other provision of law, an 
immigration officer who finds an alien described in subsection (b) at a 
land border or port of entry of the United States and determines that 
such alien is inadmissible under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) shall treat such alien in accordance with section 
235 of the Immigration and Nationality Act (8 U.S.C. 1225).
    (b) Threats to Public Safety.--An alien described in this 
subsection is an alien who the Secretary of Homeland Security 
determines, or has reason to believe--
            (1) has been convicted of any offense carrying a maximum 
        term of imprisonment of more than 180 days;
            (2) has been convicted of an offense which involved--
                    (A) domestic violence (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a));
                    (B) child abuse and neglect (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a));
                    (C) assault resulting in bodily injury (as defined 
                in section 2266 of title 18, United States Code);
                    (D) the violation of a protection order (as defined 
                in section 2266 of title 18, United States Code);
                    (E) driving while intoxicated (as defined in 
                section 164 of title 23, United States Code); or
                    (F) any offense under foreign law, except for a 
                purely political offense, which, if the offense had 
                been committed in the United States, would render the 
                alien inadmissible under section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a));
            (3) has been convicted of more than 1 criminal offense 
        (other than minor traffic offenses);
            (4) has engaged in, is engaged in, or is likely to engage 
        after entry in any terrorist activity (as defined in section 
        212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(iii)), or intends to participate or has 
        participated in the activities of a foreign terrorist 
        organization (as designated under section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189));
            (5) is or was a member of a criminal street gang (as 
        defined in paragraph (53) of section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)), as added by section 
        1101(a)); or
            (6) has entered the United States more than 1 time in 
        violation of section 275(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1325(a)), knowing that the entry was unlawful.
                                 <all>
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