‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication of the designation in the Federal 
Register, a group or association designated as a 
criminal street gang may seek judicial review of the 
designation 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 administra-
tive record. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation the court finds 
to be— 
‘‘(A) arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accordance with 
law; 
‘‘(B) contrary to constitutional right, 
power, privilege, or immunity; 
‘‘(C) in excess of statutory jurisdiction, au-
thority, or limitation, or short of statutory 
right; 
‘‘(D) lacking substantial support in the ad-
ministrative record taken as a whole; or 
‘‘(E) not in accord with the procedures re-
quired by law. 
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‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation 
shall not affect the application of this section, unless 
the court issues a final order setting aside the des-
ignation. 
‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 
this section, the term ‘relevant committees’ means the 
Committees on the Judiciary of the House of Representa-
tives and of the Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended by inserting after 
the item relating to section 219 the following: 
‘‘Sec. 219A. Designation of criminal street gangs.’’. 
SEC. 302. MANDATORY DETENTION OF SUSPECTED CRIMI-
NAL STREET GANG MEMBERS. 
(a) IN GENERAL.—Section 236(c)(1)(D) of the Im-
migration and Nationality Act (8 U.S.C. 1226(c)(1)(D)) 
is amended— 
(1) by inserting ‘‘or 212(a)(2)(J)’’ after 
‘‘212(a)(3)(B)’’; and 
(2) by inserting ‘‘or 237(a)(2)(F)’’ before 
‘‘237(a)(4)(B)’’. 
(b) ANNUAL REPORT.—Not later than March 1 of 
each year (beginning 1 year after the date of the enact-
ment of this Act), the Secretary of Homeland Security, 
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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 subsection (a). 
SEC. 303. INELIGIBILITY FROM PROTECTION FROM RE-
MOVAL AND ASYLUM. 
(a) 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)(F)(i) or who is’’ after 
‘‘to an alien’’. 
(b) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) is 
amended— 
(1) in clause (v), by striking ‘‘or’’ at the end; 
(2) by redesignating clause (vi) as clause (vii); 
and 
(3) by inserting after clause (v) the following: 
‘‘(vi) the alien is described in section 
212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 
(relating to participation in criminal street 
gangs); or’’. 
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