I 
116TH CONGRESS 
1ST SESSION H. R. 1106 
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 7, 2019 
Mr. ZELDIN (for himself, Mr. KING of New York, Mr. MEADOWS, and Mr. 
BROOKS of Alabama) 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 2019’’. 
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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: 
‘‘(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-
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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-
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-
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state transportation of stolen motor vehicles or 
stolen property). 
‘‘(F) A conspiracy to commit an offense 
described in subparagraphs (A) through (E).’’. 
SEC. 3. GROUNDS OF INADMISSIBILITY AND DEPORT-
ABILITY FOR ALIEN GANG MEMBERS. 
(a) INADMISSIBILITY.—Section 212(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
amended by adding at the end the following: 
‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, the Secretary of Homeland Secu-
rity, or the Attorney General knows or has rea-
son to believe— 
‘‘(i) to be or to have been a member 
of a criminal gang (as defined in section 
101(a)(53)); or 
‘‘(ii) to have participated in the activi-
ties of a criminal gang (as defined in sec-
tion 101(a)(53)), knowing or having reason 
to know that such activities will promote, 
further, aid, or support the illegal activity 
of the criminal gang.’’. 
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(b) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who— 
‘‘(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.— 
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‘‘(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. 
‘‘(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 
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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 
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 
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‘‘(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-
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-
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