IIB 
115TH CONGRESS 
1ST SESSION H. R. 3697 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 18, 2017 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Alien Gang 
Member Removal Act’’. 
SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY 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 per-
sons that has as one of its primary purposes the commis-
sion of 1 or more of the following criminal offenses 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 Sec-
retary of Homeland Security, in consultation with the At-
torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(A) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(B) An offense under section 274 (relating to 
bringing in and harboring certain aliens), section 
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277 (relating to aiding or assisting certain aliens to 
enter the United States), or section 278 (relating to 
importation of alien for immoral purpose). 
‘‘(C) A crime of violence (as defined in section 
16 of title 18, United States Code). 
‘‘(D) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary. 
‘‘(E) Any conduct punishable under sections 
1028 and 1029 of title 18, United States Code (re-
lating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery, and trafficking in persons), section 
1951 of such title (relating to interference with com-
merce 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). 
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‘‘(F) A conspiracy to commit an offense de-
scribed in subparagraphs (A) through (E).’’. 
(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 con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), 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 Im-
migration 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— 
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‘‘(i) is or has been a member of a 
criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) has participated in the activities 
of a criminal gang (as so defined), knowing 
or having reason to know that such activi-
ties 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. 1182) is 
amended by inserting after section 219 the fol-
lowing: 
‘‘DESIGNATION OF CRIMINAL GANG 
‘‘SEC. 220. (a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Se-
curity, 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.—Seven days before mak-
ing a designation under this subsection, the Sec-
retary shall, by classified communication, notify the 
Speaker and Minority Leader of the House of Rep-
resentatives, the President pro tempore, Majority 
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