I 
117TH CONGRESS 
1ST SESSION 
H. R. 71 
To amend the Immigration and Nationality Act with respect to aliens 
associated with criminal gangs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2021 
Mr. BUCHANAN 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 ‘‘Criminal Alien Gang 
Member Removal Act’’. 
SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) DEFINITION OF GANG MEMBER.—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 ongoing 
group, club, organization, or association of 5 or more per-
sons that has as one of its primary purposes the commis-
sion of 1 or more of the following criminal offenses and 
the members 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 Sec-
retary of Homeland Security, in consultation with the At-
torney General, as meeting these criteria. The offenses de-
scribed, whether in violation of Federal or State law or 
foreign law and regardless of whether the offenses oc-
curred before, on, or after the date of the enactment of 
this paragraph, are the following: 
‘‘(A) A ‘felony drug offense’ (as defined in sec-
tion 102 of the Controlled Substances Act (21 
U.S.C. 802)). 
‘‘(B) 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 
importation of alien for immoral purpose). 
‘‘(C) A crime of violence (as defined in section 
16 of title 18, United States Code). 
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‘‘(D) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary. 
‘‘(E) Any conduct punishable under sections 
1028 and 1029 of title 18, United States Code (re-
lating to fraud and related activity in connection 
with identification documents or access devices), sec-
tions 1581 through 1594 of such title (relating to 
peonage, slavery, and trafficking in persons), section 
1951 of such title (relating to interference with com-
merce by threats or violence), section 1952 of such 
title (relating to interstate and foreign travel or 
transportation in aid of racketeering enterprises), 
section 1956 of such title (relating to the laundering 
of monetary instruments), section 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 
interstate transportation of stolen motor vehicles or 
stolen property). 
‘‘(F) A conspiracy to commit an offense de-
scribed in subparagraphs (A) through (E).’’. 
(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following: 
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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 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 
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. 
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‘‘(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-
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 
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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 
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-
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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). 
‘‘(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). 
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‘‘(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-
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.— 
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‘‘(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-
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 
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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-
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-
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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-
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-
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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, 
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— 
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‘‘(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.’’. 
(e) 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 
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