of 1 or more of the following criminal offenses and the mem-
bers 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 Gen-
eral, as meeting these criteria. The offenses described, wheth-
er 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 impor-
tation 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, vic-
tim, or informant, or burglary. 
‘‘(v) Any conduct punishable under sections 1028 
and 1029 of title 18, United States Code (relating to 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
fraud and related activity in connection with identi-
fication documents or access devices), sections 1581 
through 1594 of such title (relating to peonage, slav-
ery and trafficking in persons), section 1952 of such 
title (relating to interstate and foreign travel or 
transportation in aid of racketeering enterprises), sec-
tion 1956 of such title (relating to the laundering of 
monetary instruments), section 1957 of such title (re-
lating to engaging in monetary transactions in prop-
erty derived from specified unlawful activity), or sec-
tions 2312 through 2315 of such title (relating to 
interstate transportation of stolen motor vehicles or 
stolen property). 
‘‘(vi) A conspiracy to commit an offense de-
scribed in clauses (i) through (v). 
‘‘(B) Notwithstanding any other provision of law (in-
cluding any effective date), the term 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 such Act 
(8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) of 
this Act, is further amended by adding at the end the fol-
lowing: 
‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
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 Immi-
gration and Nationality Act (8 U.S.C. 1227(a)(2)), as 
amended by section 302(c) of this Act, is further amended 
by adding at the end the following: 
‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who the Sec-
retary of Homeland Security or the Attorney 
General knows or has reason to believe— 
‘‘(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 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
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 following: 
‘‘DESIGNATION 
‘‘SEC. 220. (a) IN GENERAL.—The Secretary of Home-
land Security, in consultation with the Attorney General, 
and the Secretary of State may designate a group or asso-
ciation as a criminal street gang if their conduct is de-
scribed 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 United States nationals or the na-
tional security, homeland security, foreign policy, or econ-
omy of the United States. 
‘‘(b) EFFECTIVE
DATE.—Designations under sub-
section (a) shall remain in effect until the designation is 
revoked after consultation between the Secretary of Home-
land Security, the Attorney General, and the Secretary of 
State or is terminated in accordance with Federal law.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘220. Designation.’’. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6213
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
(e) MANDATORY DETENTION OF CRIMINAL STREET 
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 inserting ‘‘or 212(a)(2)(N)’’ after 
‘‘212(a)(3)(B)’’; and 
(B) by inserting ‘‘237(a)(2)(H) or’’ before 
‘‘237(a)(4)(B)’’. 
(2) ANNUAL REPORT.—Not later than March 1 of 
each year (beginning 1 year after the date of the en-
actment of this Act), the Secretary of Homeland Secu-
rity, 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) ASYLUM CLAIMS BASED ON GANG AFFILIATION.— 
(1) INAPPLICABILITY
OF
RESTRICTION
ON
RE-
MOVAL
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)(N)(i) or section 237(a)(2)(H)(i) or 
who is’’ after ‘‘to an alien’’. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) (as 
amended by 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 fol-
lowing: 
‘‘(vi) the alien is described in section 
212(a)(2)(N)(i) or section 237(a)(2)(H)(i) 
(relating to participation in criminal street 
gangs); 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 Secu-
rity’’; 
(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: 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(iii) the alien is, or at any time after 
admission has been, a member of a criminal 
gang (as defined in section 101(a)(53)).’’; 
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 Secu-
rity may detain an alien provided temporary 
protected status under this section whenever ap-
propriate under any other provision of law.’’. 
(h) 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. 
SEC. 312. EXTENSION OF IDENTITY THEFT OFFENSES. 
(a) FRAUD AND RELATED ACTIVITIES RELATING TO 
IDENTIFICATION DOCUMENTS.—Section 1028 of title 18, 
United States Code, is amended in subsection (a)(7), by 
striking ‘‘of another person’’ and inserting ‘‘that is not his 
or her own’’. 
(b) 
AGGRAVATED
IDENTITY
THEFT.—Section 
1028A(a) of title 18, United States Code, is amended by 
striking ‘‘of another person’’ both places it appears and in-
serting ‘‘that is not his or her own’’. 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
SEC. 313. LAUNDERING OF MONETARY INSTRUMENTS. 
(a) ADDITIONAL
PREDICATE
OFFENSES.—Section 
1956(c)(7)(D) of title 18, United States Code, is amended— 
(1) by inserting ‘‘section 1590 (relating to traf-
ficking with respect to peonage, slavery, involuntary 
servitude, or forced labor),’’ after ‘‘section 1363 (relat-
ing to destruction of property within the special mar-
itime and territorial jurisdiction),’’; and 
(2) by inserting ‘‘section 274(a) of the Immigra-
tion and Nationality Act (8 U.S.C.1324(a)) (relating 
to bringing in and harboring certain aliens),’’ after 
‘‘section 590 of the Tariff Act of 1930 (19 U.S.C. 
1590) (relating to aviation smuggling),’’. 
(b) INTENT TO CONCEAL
OR DISGUISE.—Section 
1956(a) of title 18, United States Code, is amended— 
(1) in paragraph (1) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the transaction— 
‘‘(i) conceals or disguises, or is intended to 
conceal or disguise, the nature, source, location, 
ownership, or control of the proceeds of some 
form of unlawful activity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under State 
or Federal law,’’; and 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
(2) in paragraph (2) so that subparagraph (B) 
reads as follows: 
‘‘(B) knowing that the monetary instrument or 
funds involved in the transportation, transmission, or 
transfer represent the proceeds of some form of unlaw-
ful activity, and knowing that such transportation, 
transmission, or transfer— 
‘‘(i) conceals or disguises, or is intended to 
conceal or disguise, the nature, source, location, 
ownership, or control of the proceeds of some 
form of unlawful activity; or 
‘‘(ii) avoids, or is intended to avoid, a 
transaction reporting requirement under State 
or Federal law,’’. 
SEC. 314. INCREASED CRIMINAL PENALTIES RELATING TO 
ALIEN SMUGGLING AND RELATED OFFENSES. 
(a) IN GENERAL.—Section 274 of the Immigration 
and Nationality Act (8 U.S.C. 1324), is amended to read 
as follows: 
‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 
‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 
‘‘(1) PROHIBITED ACTIVITIES.—Except as pro-
vided in paragraph (3), a person shall be punished as 
provided under paragraph (2), if the person— 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(A) facilitates, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to cross the border to the United 
States, knowing or in reckless disregard of the 
fact that such person is an alien who lacks law-
ful authority to come to, enter, or cross the bor-
der to the United States; 
‘‘(B) facilitates, encourages, directs, or in-
duces a person to come to or enter the United 
States, or to cross the border to the United 
States, at a place other than a designated port 
of entry or place other than as designated by the 
Secretary of Homeland Security, knowing or in 
reckless disregard of the fact that such person is 
an alien and regardless of whether such alien has 
official permission or lawful authority to be in 
the United States; 
‘‘(C) transports, moves, harbors, conceals, or 
shields from detection a person outside of the 
United States knowing or in reckless disregard of 
the fact that such person is an alien in unlawful 
transit from one country to another or on the 
high seas, under circumstances in which the 
alien is seeking to enter the United States with-
out official permission or lawful authority; 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(D) encourages or induces a person to re-
side in the United States, knowing or in reckless 
disregard of the fact that such person is an alien 
who lacks lawful authority to reside in the 
United States; 
‘‘(E) transports or moves a person in the 
United States, knowing or in reckless disregard 
of the fact that such person is an alien who lacks 
lawful authority to enter or be in the United 
States, if the transportation or movement will 
further the alien’s illegal entry into or illegal 
presence in the United States; 
‘‘(F) harbors, conceals, or shields from de-
tection a person in the United States, knowing 
or in reckless disregard of the fact that such per-
son is an alien who lacks lawful authority to be 
in the United States; or 
‘‘(G) conspires or attempts to commit any 
of the acts described in subparagraphs (A) 
through (F). 
‘‘(2) CRIMINAL PENALTIES.—A person who vio-
lates any provision under paragraph (1) shall, for 
each alien in respect to whom a violation of para-
graph (1) occurs— 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(A) except as provided in subparagraphs 
(C) through (G), if the violation was not com-
mitted for commercial advantage, profit, or pri-
vate financial gain, be fined under title 18, 
United States Code, imprisoned for not more 
than 5 years, or both; 
‘‘(B) except as provided in subparagraphs 
(C) through (G), if the violation was committed 
for commercial advantage, profit, or private fi-
nancial gain— 
‘‘(i) be fined under such title, impris-
oned for not more than 20 years, or both, if 
the violation is the offender’s first violation 
under this subparagraph; or 
‘‘(ii) be fined under such title, impris-
oned for not less than 3 years or more than 
20 years, or both, if the violation is the of-
fender’s second or subsequent violation of 
this subparagraph; 
‘‘(C) if the violation furthered or aided the 
commission of any other offense against the 
United States or any State that is punishable by 
imprisonment for more than 1 year, be fined 
under such title, imprisoned for not less than 5 
years or more than 20 years, or both; 
VerDate Sep 11 2014 
22:39 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6203
E:\BILLS\H2278.RH
H2278
mstockstill on DSK4VPTVN1PROD with BILLS