I 
117TH CONGRESS 
1ST SESSION H. R. 1995 
To amend the Immigration and Nationality Act with respect to aliens 
associated with criminal gangs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2021 
Mr. ZELDIN (for himself and Mr. BROOKS) introduced the following bill; which 
was referred to the Committee on the Judiciary 
A BILL 
To amend the Immigration and Nationality Act with respect 
to aliens associated with criminal gangs, 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 2021’’. 
SEC. 2. 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: 
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‘‘(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: 
‘‘(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). 
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‘‘(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-
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).’’. 
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‘‘(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 
or having reason to know that such activi-
ties will promote, further, aid, or support 
the illegal activity of the criminal gang.’’. 
(c) 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 fol-
lowing: 
‘‘DESIGNATION OF CRIMINAL GANG 
‘‘SEC. 220. (a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Se-
curity, in consultation with the Attorney General, may 
designate a group, club, organization, or association of 5 
or more persons as a criminal gang if the Secretary finds 
that their conduct is described in section 101(a)(53). 
‘‘(2) PROCEDURE.— 
‘‘(A) NOTIFICATION.—Seven days before mak-
ing a designation under this subsection, the Sec-
retary shall, by classified communication, notify the 
Speaker and minority leader of the House of Rep-
resentatives, the President pro tempore, majority 
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leader, and minority leader of the Senate, and the 
members of the relevant committees of the House of 
Representatives and the Senate, in writing, of the 
intent to designate a group, club, organization, or 
association of 5 or more persons under this sub-
section and the factual basis therefor. 
‘‘(B) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The Secretary shall publish the designation 
in the Federal Register seven days after providing 
the notification under subparagraph (A). 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designation 
under this subsection, the Secretary shall create an 
administrative record. 
‘‘(B) CLASSIFIED
INFORMATION.—The Sec-
retary may consider classified information in making 
a designation under this subsection. Classified infor-
mation shall not be subject to disclosure for such 
time as it remains classified, except that such infor-
mation may be disclosed to a court ex parte and in 
camera for purposes of judicial review under sub-
section (c). 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under this 
subsection shall be effective for all purposes until re-
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voked under paragraph (5) or (6) or set aside pursu-
ant to subsection (c). 
‘‘(B) REVIEW
OF
DESIGNATION
UPON
PETI-
TION.— 
‘‘(i) IN GENERAL.—The Secretary shall re-
view the designation of a criminal gang under 
the procedures set forth in clauses (iii) and (iv) 
if the designated group, club, organization, or 
association of 5 or more persons files a petition 
for revocation within the petition period de-
scribed in clause (ii). 
‘‘(ii) PETITION PERIOD.—For purposes of 
clause (i)— 
‘‘(I) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has not previously filed a petition for 
revocation under this subparagraph, the 
petition period begins 2 years after the 
date on which the designation was made; 
or 
‘‘(II) if the designated group, club, or-
ganization, or association of 5 or more per-
sons has previously filed a petition for rev-
ocation under this subparagraph, the peti-
tion period begins 2 years after the date of 
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the determination made under clause (iv) 
on that petition. 
‘‘(iii) PROCEDURES.—Any group, club, or-
ganization, or association of 5 or more persons 
that submits a petition for revocation under 
this subparagraph of its designation as a crimi-
nal gang must provide evidence in that petition 
that it is not described in section 101(a)(53). 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later than 
180 days after receiving a petition for rev-
ocation submitted under this subpara-
graph, the Secretary shall make a deter-
mination as to such revocation. 
‘‘(II) CLASSIFIED
INFORMATION.— 
The Secretary may consider classified in-
formation in making a determination in re-
sponse to a petition for revocation. Classi-
fied information shall not be subject to dis-
closure for such time as it remains classi-
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). 
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‘‘(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 
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-
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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. 
‘‘(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-
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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. 
‘‘(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-
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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 
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-
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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 
‘‘(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, 
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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.’’. 
(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.’’. 
(d) MANDATORY DETENTION OF CRIMINAL GANG 
MEMBERS.— 
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(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-
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 
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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’’. 
(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)— 
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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; 
(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 
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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 
‘‘(ii) has engaged in conduct punish-
able under section 274, 277, or 278; 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-
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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 
(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 
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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 
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. 5. 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 (8 U.S.C. 
1101)); 
(2) is or has ever been a member, associate or 
affiliate of, or who has ever provided material sup-
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port to, a criminal street gang (as defined in section 
520 of title 18, 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 
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 (8 
U.S.C. 1324; 1327; 1328); 
(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; 
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(5) conduct punishable under section 1028 or 
1029, and sections 1541 through 1546 of title 18, 
United States Code; 
(6) conduct punishable under sections 1581 
through 1594 of title 18, United States Code; 
(7) sections 1951, 1952, 1956, and 1957 of 
title 18, United States Code; 
(8) sections 2312 through 2315 of title 18 of 
the United States Code; or 
(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, 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). 
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H1995
kjohnson on DSK79L0C42PROD with BILLS