fied, except that such information may be 
disclosed to a court ex parte and in camera 
for purposes of judicial review under sub-
section (c). 
‘‘(III) PUBLICATION OF DETERMINA-
TION.—A determination made by the Sec-
retary under this clause shall be published 
in the Federal Register. 
‘‘(IV) PROCEDURES.—Any revocation 
by the Secretary shall be made in accord-
ance with paragraph (6). 
‘‘(C) OTHER REVIEW OF DESIGNATION.— 
‘‘(i) IN GENERAL.—If in a 5-year period no 
review has taken place under subparagraph (B), 
the Secretary shall review the designation of the 
criminal gang in order to determine whether 
such designation should be revoked pursuant to 
paragraph (6). 
‘‘(ii) PROCEDURES.—If a review does not 
take place pursuant to subparagraph (B) in re-
sponse to a petition for revocation that is filed 
in accordance with that subparagraph, then the 
review shall be conducted pursuant to proce-
dures established by the Secretary. The results 
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of such review and the applicable procedures 
shall not be reviewable in any court. 
‘‘(iii) PUBLICATION OF RESULTS OF RE-
VIEW.—The Secretary shall publish any deter-
mination made pursuant to this subparagraph 
in the Federal Register. 
‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con-
gress, by an Act of Congress, may block or revoke a des-
ignation made under paragraph (1). 
‘‘(6) REVOCATION BASED
ON CHANGE
IN CIR-
CUMSTANCES.— 
‘‘(A) IN GENERAL.—The Secretary may revoke 
a designation made under paragraph (1) at any 
time, and shall revoke a designation upon completion 
of a review conducted pursuant to subparagraphs 
(B) and (C) of paragraph (4) if the Secretary finds 
that— 
‘‘(i) the group, club, organization, or asso-
ciation of 5 or more persons that has been des-
ignated as a criminal gang is no longer de-
scribed in section 101(a)(53); or 
‘‘(ii) the national security or the law en-
forcement interests of the United States war-
rants a revocation. 
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‘‘(B) PROCEDURE.—The procedural require-
ments of paragraphs (2) and (3) shall apply to a 
revocation under this paragraph. Any revocation 
shall take effect on the date specified in the revoca-
tion or upon publication in the Federal Register if 
no effective date is specified. 
‘‘(7) EFFECT OF REVOCATION.—The revocation of a 
designation under paragraph (5) or (6) shall not affect 
any action or proceeding based on conduct committed 
prior to the effective date of such revocation. 
‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR-
ING.—If a designation under this subsection has become 
effective under paragraph (2) an alien in a removal pro-
ceeding shall not be permitted to raise any question con-
cerning the validity of the issuance of such designation 
as a defense or an objection. 
‘‘(b) AMENDMENTS TO A DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary may amend 
a designation under this subsection if the Secretary 
finds that the group, club, organization, or associa-
tion of 5 or more persons has changed its name, 
adopted a new alias, dissolved and then reconsti-
tuted itself under a different name or names, or 
merged with another group, club, organization, or 
association of 5 or more persons. 
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‘‘(2) PROCEDURE.—Amendments made to a 
designation in accordance with paragraph (1) shall 
be effective upon publication in the Federal Register. 
Paragraphs (2), (4), (5), (6), (7), and (8) of sub-
section (a) shall also apply to an amended designa-
tion. 
‘‘(3) ADMINISTRATIVE RECORD.—The adminis-
trative record shall be corrected to include the 
amendments as well as any additional relevant infor-
mation that supports those amendments. 
‘‘(4) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in amend-
ing a designation in accordance with this subsection. 
Classified information shall not be subject to disclo-
sure for such time as it remains classified, except 
that such information may be disclosed to a court ex 
parte and in camera for purposes of judicial review 
under subsection (c) of this section. 
‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 
‘‘(1) IN
GENERAL.—Not later than 30 days 
after publication in the Federal Register of a des-
ignation, an amended designation, or a determina-
tion in response to a petition for revocation, the des-
ignated group, club, organization, or association of 5 
or more persons may seek judicial review in the 
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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, except that the Government may submit, 
for ex parte and in camera review, classified infor-
mation used in making the designation, amended 
designation, or determination in response to a peti-
tion for revocation. 
‘‘(3) SCOPE OF REVIEW.—The Court shall hold 
unlawful and set aside a designation, amended des-
ignation, or determination in response to a petition 
for revocation 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 in clas-
sified information submitted to the court under 
paragraph (2); or 
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‘‘(E) not in accord with the procedures re-
quired by law. 
‘‘(4) JUDICIAL REVIEW INVOKED.—The pend-
ency of an action for judicial review of a designation, 
amended designation, or determination in response 
to a petition for revocation shall not affect the appli-
cation of this section, unless the court issues a final 
order setting aside the designation, amended des-
ignation, or determination in response to a petition 
for revocation. 
‘‘(d) DEFINITIONS.—As used in this section— 
‘‘(1) the term ‘classified information’ has the 
meaning given that term in section 1(a) of the Clas-
sified Information Procedures Act (18 U.S.C. App.); 
‘‘(2) the term ‘national security’ means the na-
tional defense, foreign relations, or economic inter-
ests of the United States; 
‘‘(3) the term ‘relevant committees’ means the 
Committees on the Judiciary of the Senate and of 
the House of Representatives; and 
‘‘(4) the term ‘Secretary’ means the Secretary 
of Homeland Security, in consultation with the At-
torney General.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents for such Act is amended by inserting after the 
item relating to section 219 the following: 
‘‘Sec. 220. Designation of criminal gang.’’. 
(d) MANDATORY DETENTION OF CRIMINAL GANG 
MEMBERS.— 
(1) IN GENERAL.—Section 236(c)(1) of the Im-
migration and Nationality Act (8 U.S.C. 1226(c)(1)) 
is amended— 
(A) in subparagraph (C), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (D), by inserting 
‘‘or’’ at the end; and 
(C) by inserting after subparagraph (D) 
the following: 
‘‘(E) 
is 
inadmissible 
under 
section 
212(a)(2)(J) 
or 
deportable 
under 
section 
217(a)(2)(G),’’. 
(2) ANNUAL REPORT.—Not later than March 1 
of each year (beginning 1 year after the date of the 
enactment of this Act), the Secretary of Homeland 
Security, after consultation with the appropriate 
Federal agencies, shall submit a report to the Com-
mittees on the Judiciary of the House of Represent-
atives and of the Senate on the number of aliens de-
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tained under the amendments made by paragraph 
(1). 
(e) ASYLUM CLAIMS BASED
ON GANG AFFILI-
ATION.— 
(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 de-
scribed 
in 
section 
212(a)(2)(J)(i) 
or 
section 
237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 
(2) 
INELIGIBILITY
FOR
ASYLUM.—Section 
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 
(as amended by section 201 of 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)(J)(i) or section 237(a)(2)(G)(i); 
or’’. 
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(f) 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 Se-
curity’’; 
(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: 
‘‘(iii) the alien is, or at any time has 
been, described in section 212(a)(2)(J) or 
section 237(a)(2)(G).’’; 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 Se-
curity may detain an alien provided temporary 
protected status under this section whenever 
appropriate under any other provision of law.’’. 
(g) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 
101(a)(27)(J)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 
(1) in subclause (I), by striking ‘‘and’’; 
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(2) in subclause (II), by adding ‘‘and’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(III) no alien who is, or at any 
time has been, described in section 
212(a)(2)(J) or section 237(a)(2)(G) 
shall be eligible for any immigration 
benefit under this subparagraph;’’. 
(h) 
PAROLE.—An 
alien 
described 
in 
section 
212(a)(2)(J) of the Immigration and Nationality Act, as 
added by subsection (b), shall not be eligible for parole 
under section 212(d)(5)(A) of such Act unless— 
(1) the alien is assisting or has assisted the 
United States Government in a law enforcement 
matter, including a criminal investigation; and 
(2) the alien’s presence in the United States is 
required by the Government with respect to such as-
sistance. 
SEC. 4. 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; 
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(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 
‘‘(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 
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‘‘(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 
‘‘(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 
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