II 

109TH CONGRESS 

2D SESSION S. 3946 

To make an alien who is a member of a criminal gang removable from 

the United States and inadmissible to the United States, to permit 

the Secretary of Homeland Security to deny a visa to an alien who 

is a national of a country that has denied or delayed accepting an 

alien removed from the United States, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2006 

Mr. FRIST introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To make an alien who is a member of a criminal gang 

removable from the United States and inadmissible to 

the United States, to permit the Secretary of Homeland 

Security to deny a visa to an alien who is a national 

of a country that has denied or delayed accepting an 

alien removed from the United States, 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 ‘‘Community Protection 

5 Against International Gangs Act’’. 


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•S 3946 IS

1 SEC. 2. INADMISSIBILITY AND REMOVAL OF ALIEN GANG 

2 MEMBERS. 

3 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

5 amended by adding at the end the following: 

6 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

7 GANGS.—Unless the Secretary of Homeland Se8 curity or the Attorney General waives the appli9 cation of this subparagraph, any alien who a 

10 consular officer, the Attorney General, or the 

11 Secretary of Homeland Security knows or has 

12 reason to believe— 

13 ‘‘(i) is, or has been, a member of a 

14 criminal street gang (as defined in section 

15 521(a) of title 18, United States Code); or 

16 ‘‘(ii) has participated in the activities 

17 of such a criminal street gang, knowing or 

18 having reason to know that such activities 

19 promoted, furthered, aided, or supported 

20 the illegal activity of the criminal street 

21 gang, 

22 is inadmissible.’’. 

23 (b) REMOVAL.—Section 237(a)(2) (8 U.S.C. 

24 1227(a)(2)) is amended by adding at the end the fol25 lowing: 


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•S 3946 IS

1 ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL

2 GANGS.—Unless the Secretary of Homeland Se3 curity or the Attorney General waives the appli4 cation of this subparagraph, any alien who the 

5 Secretary of Homeland Security or the Attorney 

6 General knows or has reason to believe— 

7 ‘‘(i) is, or at any time after admission 

8 has been, a member of a criminal street 

9 gang (as defined in section 521(a) of title 

10 18, United States Code); or 

11 ‘‘(ii) has participated in the activities 

12 of such a criminal street gang, knowing or 

13 having reason to know that such activities 

14 promoted, furthered, aided, or supported 

15 the illegal activity of the criminal street 

16 gang, 

17 is deportable.’’. 

18 SEC. 3. PENALTY FOR FAILURE TO ACCEPT AN ALIEN RE19 MOVED FROM THE UNITED STATES. 

20 Section 243(d) of the Immigration and Nationality 

21 Act (8 U.S.C. 1253(d)) is amended to read as follows: 

22 ‘‘(d) DENYING VISAS TO NATIONALS OF COUNTRY

23 DENYING OR DELAYING ACCEPTING ALIEN.—The Sec24 retary of Homeland Security, after making a determina25 tion that the government of a foreign country has denied 


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1 or unreasonably delayed accepting an alien who is a cit2 izen, subject, national, or resident of that country after 

3 the alien has been ordered removed, and after consultation 

4 with the Secretary of State, may instruct the Secretary 

5 of State to deny a visa to any citizen, subject, national, 

6 or resident of that country until the country accepts the 

7 alien that was ordered removed.’’. 

Æ 


CColeman on PROD1PC71 with BILLS