I 
115TH CONGRESS 
2D SESSION 
H. R. 4996 
To amend the Immigration and Nationality Act to provide that individuals 
who naturalized under title III of that Act, who are affiliated with 
a criminal gang, are subject to revocation of citizenship, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 8, 2018 
Mr. ZELDIN introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act to provide 
that individuals who naturalized under title III of that 
Act, who are affiliated with a criminal gang, are subject 
to revocation of citizenship, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting Our Com-
munities from Gang Violence Act of 2018’’. 
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SEC. 2. CRIMINAL GANG MEMBERS AND SUPPORTERS DIS-
QUALIFIED FROM GOOD MORAL CHARACTER 
PROVISION. 
Section 101(f) of the Immigration and Nationality 
Act (8 U.S.C. 1101(f)) is amended— 
(1) in paragraph (8), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; or’’; 
(3) by inserting after paragraph (9), the fol-
lowing: 
‘‘(10) one whom the Secretary of Homeland Se-
curity or the Attorney General determines, in the 
unreviewable discretion of the Secretary of Home-
land Security or the Attorney General, to be an alien 
who— 
‘‘(A) is or has ever been a member, asso-
ciate or affiliate of, or who has ever provided 
material support to, a criminal gang; 
‘‘(B) is or has ever been a member, asso-
ciate or affiliate of, or who has ever provided 
material support to, a criminal street gang as 
defined in section 520 of title 18, United States 
Code; or 
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‘‘(C) has been convicted of or has admitted 
committing the essential elements of the fol-
lowing offenses— 
‘‘(i) a felony drug offense (as defined 
in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); or 
‘‘(ii) has engaged in conduct punish-
able under section 274, 277, or 278 of the 
Immigration and Nationality Act; or 
‘‘(iii) committed a crime of violence 
(as defined in section 16 of title 18, United 
States Code); or 
‘‘(iv) committed a crime involving ob-
struction of justice, tampering with or re-
taliating against a witness, victim, or in-
formant, or burglary; or 
‘‘(v) engaged in conduct punishable 
under section 1028 or 1029, and sections 
1541 through 1546 of title 18, United 
States Code; or 
‘‘(vi) engaged in conduct punishable 
under sections 1581 through 1594 of title 
18, United States Code; or 
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‘‘(vii) engaged in conduct punishable 
under sections 1951, 1952, 1956, and 
1957 of title 18, United States Code; or 
‘‘(viii) engaged in conduct punishable 
under sections 2312 through 2315 of title 
18, United States Code; or 
‘‘(ix) attempted to engage in an of-
fense described in paragraphs (1) through 
(8) above, or engaged in conduct punish-
able under sections 2 through 4, and sec-
tions 371 through 373 of title 18, United 
States Code, in furtherance of such an of-
fense.’’; and 
(4) by adding at the end, at the end of the mat-
ter following paragraph (10) (as inserted in this sec-
tion), the following: ‘‘An alien shall be deemed to 
have ‘admitted the essential elements of an offense’ 
upon an oral or written statement to such effect, or 
upon a conviction or formal finding by a competent 
Federal, State or local court, tribunal or military 
proceeding that said person has engaged in unlawful 
conduct whose essential elements include those that 
would be required for conviction of a disqualifying 
offense. A determination by the Secretary of Home-
land Security or Attorney General that an alien does 
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not exhibit good moral character based on gang 
membership, association, affiliation, or provision of 
material support, may be based upon any relevant 
information or evidence, including classified, law en-
forcement sensitive, or national security information 
and shall be binding upon any court regardless of 
the applicable standard of review.’’. 
SEC. 3. DEFINITION OF CRIMINAL GANG. 
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 ongo-
ing group, club, organization, or association of five 
or more persons that has as one of its primary pur-
poses the commission of one or more of the following 
criminal offenses and the members of which engage, 
or have engaged within the past 5 years, in a con-
tinuing series of such offenses, or that has been des-
ignated as a criminal gang by the Secretary of 
Homeland Security, in consultation with the Attor-
ney General, as meeting these criteria. The offenses 
described, whether in violation of Federal or State 
law or foreign law and regardless of whether the of-
fenses occurred before, on, or after the date of the 
enactment of this paragraph, are the following: 
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‘‘(A) A ‘felony drug offense’ (as defined in 
section 102 of the Controlled Substances Act 
(21 U.S.C. 802)). 
‘‘(B) An offense under section 274 (relat-
ing to bringing in and harboring certain aliens), 
section 277 (relating to aiding or assisting cer-
tain aliens to enter the United States), or sec-
tion 278 (relating to importation of alien for 
immoral purpose). 
‘‘(C) A crime of violence (as defined in sec-
tion 16 of title 18, United States Code). 
‘‘(D) A crime involving obstruction of jus-
tice, tampering with or retaliating against a 
witness, victim, or informant, or burglary. 
‘‘(E) Any conduct punishable under sec-
tions 1028 and 1029 of title 18, United States 
Code (relating to fraud and related activity in 
connection with identification documents or ac-
cess 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 enter-
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prises), section 1956 of such title (relating to 
the laundering of monetary instruments), sec-
tion 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 inter-
state transportation of stolen motor vehicles or 
stolen property). 
‘‘(F) A conspiracy to commit an offense 
described in subparagraphs (A) through (E).’’. 
SEC. 4. PROHIBITION AGAINST FILING. 
(a) IN GENERAL.—No person who— 
(1) is or has ever been a member, associate or 
affiliate of, or who has ever provided material sup-
port to, a criminal gang as defined in section 101 
of the Immigration and Nationality Act; 
(2) is or has ever been a member, associate or 
affiliate of, or who has ever provided material sup-
port to, a criminal street gang as defined in section 
520 of title 18 of the United States Code; or 
(3) has been convicted of or has admitted the 
essential elements of an offense as specified in sub-
section (b), 
shall be permitted to file an application or petition, or sub-
mit an affidavit of support, on behalf of an alien under 
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any provision of the immigration laws, nor shall such per-
son be permitted to assume custodial care for an unaccom-
panied alien minor. 
(b) DISQUALIFYING OFFENSES.—Offenses which dis-
qualify a person under subsection (a) are— 
(1) a felony drug offense (as defined in section 
102 of the Controlled Substances Act (21 U.S.C. 
802)); 
(2) conduct punishable under section 274, 277, 
or 278 of the Immigration and Nationality Act; 
(3) a crime of violence (as defined in section 16 
of title 18, United States Code); 
(4) a crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary; 
(5) conduct punishable under section 1028 or 
1029, and sections 1541 through 1546 of title 18 of 
the United States Code; 
(6) conduct punishable under sections 1581 
through 1594 of title 18 of the United States Code; 
(7) sections 1951, 1952, 1956, and 1957 of 
title 18 of the United States Code; 
(8) sections 2312 through 2315 of title 18 of 
the United States Code; or 
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(9) any attempt to engage in an offense de-
scribed in paragraphs (1) through (8) above, or con-
duct punishable under sections 2 through 4, and sec-
tions 371 through 373 of title 18 of the United 
States Code in furtherance of such an offense. 
(c) ADMISSION OF ESSENTIAL ELEMENTS OF AN OF-
FENSE.—A person shall be deemed to have admitted the 
essential elements of an offense within the meaning of sub-
section (a)(3) upon an oral or written statement to such 
effect, or upon a conviction or formal finding by a com-
petent Federal, State or local court, tribunal or military 
proceeding that said person has engaged in unlawful con-
duct whose essential elements include those that would be 
required for conviction of a disqualifying offense as de-
scribed in subsection (b). 
SEC. 5. DENATURALIZATION OF CRIMINAL GANG MEMBERS 
AND SUPPORTERS. 
Section 340 of the Immigration and Nationality Act 
(8 U.S.C. 1451) is amended by striking subsection (c) and 
inserting the following language: 
‘‘(c) MEMBERSHIP
IN CERTAIN ORGANIZATIONS; 
PRIMA FACIE EVIDENCE.— 
‘‘(1) IN GENERAL.—If a person who shall have 
been naturalized after December 24, 1952, shall 
within 10 years following such naturalization become 
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a member of or affiliated with any organization, 
membership in or affiliation with which at the time 
of naturalization would have precluded such person 
from naturalization under the provisions of section 
313, it shall be considered prima facie evidence that 
such person was not attached to the principles of the 
Constitution of the United States and was not well 
disposed to the good order and happiness of the 
United States at the time of naturalization, and, in 
the absence of countervailing evidence, it shall be 
sufficient in the proper proceeding to authorize the 
revocation and setting aside of the order admitting 
such person to citizenship and the cancellation of the 
certificate of naturalization as having been obtained 
by concealment of a material fact or by willful mis-
representation, and such revocation and setting 
aside of the order admitting such person to citizen-
ship and such canceling of certificate of naturaliza-
tion shall be effective as of the original date of the 
order and certificate, respectively. 
‘‘(2) ORGANIZATION, MEMBERSHIP IN OR AF-
FILIATION WITH WHICH AT THE TIME OF NATU-
RALIZATION WOULD HAVE PRECLUDED SUCH PER-
SON FROM NATURALIZATION.—The phrase ‘any or-
ganization, membership in or affiliation with which 
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at the time of naturalization would have precluded 
such person from naturalization’ shall be deemed to 
include an alien who— 
‘‘(A) is or has ever been a member, asso-
ciate or affiliate of, or who has ever provided 
material support to, a criminal gang; 
‘‘(B) is or has ever been a member, asso-
ciate or affiliate of, or who has ever provided 
material support to, a criminal street gang as 
defined in section 520 of title 18 of the United 
States Code; or 
‘‘(C) has been convicted of or has admitted 
committing the essential elements of the fol-
lowing offenses— 
‘‘(i) a felony drug offense (as defined 
in section 102 of the Controlled Sub-
stances Act (21 U.S.C. 802)); 
‘‘(ii) has engaged in conduct punish-
able under section 274, 277, or 278; 
‘‘(iii) committed a crime of violence 
(as defined in section 16 of title 18, United 
States Code); 
‘‘(iv) committed a crime involving ob-
struction of justice, tampering with or re-
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taliating against a witness, victim, or in-
formant, or burglary; 
‘‘(v) engaged in conduct punishable 
under section 1028 or 1029, and sections 
1541 through 1546 of title 18 of the 
United States Code; 
‘‘(vi) engaged in conduct punishable 
under sections 1581 through 1594 of title 
18 of the United States Code; or engaged 
in conduct punishable under sections 1951, 
1952, 1956, and 1957 of title 18 of the 
United States Code; 
‘‘(vii) engaged in conduct punishable 
under sections 2312 through 2315 of title 
18 of the United States Code; or 
‘‘(viii) attempted to engage in an of-
fense described in clauses (i) through (viii) 
above, or engaged in conduct punishable 
under sections 2 through 4, and sections 
371 through 373 of title 18 of the United 
States Code in furtherance of such an of-
fense. 
‘‘(3) DEEMED TO HAVE ADMITTED.—An alien 
shall be deemed to have admitted the essential ele-
ments of an offense within the meaning of para-
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graph (2)(C) upon an oral or written statement to 
such effect, or upon a conviction or formal finding 
by a competent Federal, State or local court, tri-
bunal or military proceeding that said person has 
engaged in unlawful conduct whose essential ele-
ments include those that would be required for con-
viction of a disqualifying offense.’’. 
SEC. 6. EFFECTIVE DATE AND APPLICATION. 
The amendments made by this Act shall take effect 
on the date of the enactment, shall apply to any act that 
occurred before, on, or after the date of enactment, and 
shall apply to any application for naturalization or any 
other benefit or relief, or any other case or matter under 
the immigration laws pending on or filed after the date 
of enactment of this Act. 
Æ 
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