HR 6094 RFS 
(A) by striking ‘‘Attorney General’’ and in-
serting ‘‘Secretary of Homeland Security in the 
exercise of discretion’’; and 
(B) by striking ‘‘set forth in this sub-
section or’’ and inserting ‘‘set forth in this sub-
section, in lieu of removal proceedings under’’; 
(2) in paragraph (3), by striking ‘‘paragraph 
(1) until 14 calendar days’’ and inserting ‘‘para-
graph (1) or (3) until 7 calendar days’’; 
(3) by striking ‘‘Attorney General’’ each place 
it appears in paragraphs (3) and (4) and inserting 
‘‘Secretary of Homeland Security’’; 
(4) in paragraph (5)— 
(A) by striking ‘‘described in this section’’ 
and inserting ‘‘described in paragraph (1) or 
(2)’’; and 
(B) by striking ‘‘the Attorney General may 
grant in the Attorney General’s discretion’’ and 
inserting ‘‘the Secretary of Homeland Security 
or the Attorney General may grant, in the dis-
cretion of the Secretary or Attorney General, in 
any proceeding’’; 
(5) by redesignating paragraphs (3), (4), and 
(5) as paragraphs (4), (5), and (6), respectively; and 
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HR 6094 RFS 
(6) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The Secretary of Homeland Security in 
the exercise of discretion may determine inadmis-
sibility under section 212(a)(2) (relating to criminal 
offenses) and issue an order of removal pursuant to 
the procedures set forth in this subsection, in lieu of 
removal proceedings under section 240, with respect 
to an alien who— 
‘‘(A) has not been admitted or paroled; 
‘‘(B) has not been found to have a credible 
fear of persecution pursuant to the procedures 
set forth in section 235(b)(1)(B); and 
‘‘(C) is not eligible for a waiver of inadmis-
sibility or relief from removal.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act but shall not apply to aliens who are 
in removal proceedings under section 240 of the Immigra-
tion and Nationality Act as of such date. 
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HR 6094 RFS 
TITLE III—ALIEN GANG 
REMOVAL ACT OF 2006 
SEC. 301. RENDERING INADMISSIBLE AND DEPORTABLE 
ALIENS 
PARTICIPATING 
IN 
CRIMINAL 
STREET GANGS. 
(a) INADMISSIBLE.—Section 212(a)(2) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
amended by adding at the end the following: 
‘‘(J) CRIMINAL STREET GANG PARTICIPA-
TION.— 
‘‘(i) IN GENERAL.—Any alien is inad-
missible if— 
‘‘(I) the alien has been removed 
under section 237(a)(2)(F); or 
‘‘(II) the consular officer or the 
Secretary 
of 
Homeland 
Security 
knows, or has reasonable ground to 
believe that the alien— 
‘‘(aa) is a member of a 
criminal street gang and has 
committed, conspired, or threat-
ened to commit, or seeks to enter 
the United States to engage sole-
ly, principally, or incidentally in, 
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