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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 175

  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, 2025

Mr. McClintock (for himself, Mr. Weber of Texas, Ms. Tenney, Mr. Nehls, 
 Ms. Hageman, and Mr. Ogles) 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deport Alien Gang Members Act''.

SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--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) The term `criminal gang' means an ongoing group, club, 
organization, or association of 5 or more persons that has as 1 of its 
primary purposes the commission of 1 or more of the offenses described 
in this paragraph and the members of which engage, or have engaged 
within the past 5 years, in a continuing series of such offenses, or 
that has been designated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attorney General, as 
meeting these criteria. The offenses described, whether committed, in 
whole or in part, within or outside of the United States and regardless 
of whether the offenses occurred before, on, or after the date of the 
enactment of this paragraph, are the following:
            ``(A) A Federal, State, local, or Tribal offense that is 
        punishable by imprisonment for more than 1 year and relates to 
        a controlled substance (as so classified under the relevant 
        Federal, State, local, or Tribal law), regardless of whether 
        the substance is classified as a controlled substance under 
        section 102 of the Controlled Substances Act (21 U.S.C. 802).
            ``(B) A foreign offense that is punishable by imprisonment 
        for more than 1 year and relates to a controlled substance as 
        defined under section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            ``(C) An offense that is punishable by imprisonment for 
        more than 1 year and involves firearms or explosives (as 
        defined under the relevant Federal, State, local, Tribal, or 
        foreign law) or in violation of section 931 of title 18, United 
        States Code (relating to purchase, ownership, or possession of 
        body armor by violent felons).
            ``(D) 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).
            ``(E) A crime of violence (as defined in section 16(a) of 
        title 18, United States Code).
            ``(F) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        burglary (as such terms are defined under the relevant Federal, 
        State, local, Tribal, or foreign law).
            ``(G) Any conduct punishable under sections 1028, 1028A, 
        and 1029 of title 18, United States Code (relating to fraud, 
        aggravated identity theft or 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 1951 of such 
        title (relating to interference with commerce by threats or 
        violence), 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).
            ``(H) A conspiracy to commit an offense described in 
        subparagraphs (A) through (G).''.
    (b) Inadmissibility.--Section 212(a)(2) of such 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 who a consular officer, an 
                immigration officer, the Secretary of Homeland 
                Security, or the Attorney General knows, or has reason 
                to believe--
                            ``(i) is, or has been, a member of a 
                        criminal gang;
                            ``(ii) has promoted, conspired with, aided, 
                        or participated in the activities of a criminal 
                        gang, whether within or outside of the United 
                        States; or
                            ``(iii) seeks to enter the United States, 
                        or has entered the United States, in 
                        furtherance of the activities of a criminal 
                        gang, whether those activities take place 
                        within or outside of the United States.''.
    (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 who--
                            ``(i) is or has been a member of a criminal 
                        gang; or
                            ``(ii) has promoted, conspired with, aided, 
                        or participated in the activities of a criminal 
                        gang, whether within or outside of the United 
                        States.''.
    (d) Designation.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1182) is amended by inserting 
        after section 219 the following:

``Sec. 220. Designation of criminal gang.
    ``(a) Designation.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        consultation with the Attorney General, may designate a group, 
        club, organization, or association of 5 or more persons as a 
        criminal gang if the Secretary finds that their conduct is 
        described in section 101(a)(53).
            ``(2) Procedure.--
                    ``(A) Notification.--7 days before making a 
                designation under this subsection, the Secretary shall, 
                by classified communication, notify the Speaker and 
                minority leader of the House of Representatives, the 
                president pro tempore, majority leader, and minority 
                leader of the Senate, and the members of the relevant 
                committees of the House of Representatives and the 
                Senate, in writing, of the intent to designate a group, 
                club, organization, or association of 5 or more persons 
                under this subsection and the factual basis therefor.
                    ``(B) Publication in the federal register.--The 
                Secretary shall publish the designation in the Federal 
                Register 7 days after providing the notification under 
                subparagraph (A).
            ``(3) Record.--
                    ``(A) In general.--In making a designation under 
                this subsection, the Secretary shall create an 
                administrative record.
                    ``(B) Classified information.--The Secretary may 
                consider classified information in making a designation 
                under this subsection. Classified information shall not 
                be subject to disclosure for such time as it remains 
                classified, except that such information may be 
                disclosed to a court ex parte and in camera for 
                purposes of judicial review under subsection (c).
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (c).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Secretary shall 
                        review the designation of a criminal gang under 
                        the procedures set forth in clauses (iii) and 
                        (iv) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons files a petition for revocation within 
                        the petition period described in clause (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated group, 
                                club, organization, or association of 5 
                                or more persons has not previously 
                                filed a petition for revocation under 
                                this subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated group, 
                                club, organization, or association of 5 
                                or more persons has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any group, club, 
                        organization, or association of 5 or more 
                        persons that submits a petition for revocation 
                        under this subparagraph of its designation as a 
                        criminal gang must provide evidence in that 
                        petition that it is not described in section 
                        101(a)(53).
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                30 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Secretary shall make 
                                a determination as to such revocation.
                                    ``(II) Classified information.--The 
                                Secretary may consider classified 
                                information in making a determination 
                                in response to a petition for 
                                revocation. Classified information 
                                shall not be subject to disclosure for 
                                such time as it remains classified, 
                                except that such information may be 
                                disclosed to a court ex parte and in 
                                camera for purposes of judicial review 
                                under subsection (c).
                                    ``(III) Publication of 
                                determination.--A determination made by 
                                the Secretary under this clause shall 
                                be published in the Federal Register.
                                    ``(IV) Procedures.--Any revocation 
                                by the Secretary shall be made in 
                                accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 5-year period no 
                        review has taken place under subparagraph (B), 
                        the Secretary shall review the designation of 
                        the criminal gang in order to determine whether 
                        such designation should be revoked pursuant to 
                        paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Secretary. The 
                        results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Secretary shall publish any determination 
                        made pursuant to this subparagraph in the 
                        Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Secretary may revoke a 
                designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Secretary finds that--
                            ``(i) the group, club, organization, or 
                        association of 5 or more persons that has been 
                        designated as a criminal gang is no longer 
                        described in section 101(a)(53); or
                            ``(ii) the national security or the law 
                        enforcement interests of the United States 
                        warrants a revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in trial or hearing.--If a 
        designation under this subsection has become effective under 
        paragraph (2) an alien in a removal proceeding shall not be 
        permitted to raise any question concerning the validity of the 
        issuance of such designation as a defense or an objection.
    ``(b) Amendments to a Designation.--
            ``(1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the group, 
        club, organization, or association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted itself under a different name or names, or merged 
        with another group, club, organization, or association of 5 or 
        more persons.
            ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Paragraphs (2), (4), (5), 
        (6), (7), and (8) of subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated group, club, organization, or 
        association of 5 or more persons may seek judicial review in 
        the United States Court of Appeals for the District of Columbia 
        Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(5) Expedited review.--It shall be the duty of the Court 
        to advance on the docket and expedite to the greatest possible 
        extent the disposition of any case considered under this 
        subsection.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            ``(3) the term `relevant committees' means the Committees 
        on the Judiciary of the Senate and of the House of 
        Representatives; and
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Attorney General.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
                    (A) in subparagraph (C), by striking ``or'' at the 
                end;
                    (B) in subparagraph (D), by inserting ``or'' at the 
                end; and
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) is inadmissible under section 212(a)(2)(J) or 
                deportable under section 217(a)(2)(G),''.
            (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 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (f) 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. 1251(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 such 
        Act (8 U.S.C. 1158(b)(2)(A)) (as amended by section 201 of this 
        Act) is further 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); 
                        or''.
    (g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time has 
                        been, described in section 212(a)(2)(J) or 
                        section 237(a)(2)(G).''; 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 adding ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is, or at any 
                                time has been, described in section 
                                212(a)(2)(J) or section 237(a)(2)(G) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.
    (i) 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.
    (j) Ineligibility for Other Relief.--An alien described in section 
212(a)(2)(J) or 237(a)(2)(G) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(2)(J) or 1227(a)(2)(G)) shall be ineligible for any 
other relief under the immigration laws, including under section 2242 
of the Omnibus Consolidated and Emergency Supplemental Appropriations 
Act, 1999 (and any regulations issued pursuant to such section).
    (k) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to acts 
that occur before, on, or after the date of the enactment of this Act.
                                 <all>
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