I 
114TH CONGRESS 
2D SESSION 
H. R. 4856 
To make aliens associated with a criminal gang inadmissible, deportable, 
and ineligible for various forms of relief. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 23, 2016 
Mr. GOSAR (for himself, Mr. FORBES, Mr. BROOKS of Alabama, Mr. CAL-
VERT, Mr. DESJARLAIS, Mr. DUNCAN of South Carolina, Mr. DUNCAN 
of Tennessee, Mr. FARENTHOLD, Mr. BABIN, Mr. FRANKS of Arizona, 
Mr. GRIFFITH, Mr. JODY B. HICE of Georgia, Mr. JONES, Mr. KING of 
Iowa, Mr. OLSON, Mr. POE of Texas, Mr. ROGERS of Alabama, Mr. 
SCHWEIKERT, Mr. SESSIONS, Mr. WEBER
of Texas, and Mr. 
HUELSKAMP) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To make aliens associated with a criminal gang inadmissible, 
deportable, and ineligible for various forms of relief. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ALIEN GANG MEMBERS. 
(a) DEFINITION.—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)(A) The term ‘criminal gang’ means an 
ongoing group, club, organization, or association of 
5 or more persons— 
‘‘(i)(I) that has as one of its primary pur-
poses the commission of 1 or more of the crimi-
nal offenses described in subparagraph (B); and 
‘‘(II) the members of which engage, or 
have engaged within the past 5 years, in a con-
tinuing series of offenses described in subpara-
graph (B); or 
‘‘(ii) that has been designated as a crimi-
nal gang under section 220 by the Secretary of 
Homeland Security, in consultation with the At-
torney General, or the Secretary of State. 
‘‘(B) The offenses described in this subpara-
graph, whether in violation of Federal or State law 
or foreign law and regardless of whether the offenses 
occurred before, on, or after the date of the enact-
ment of this paragraph, are the following: 
‘‘(i) A ‘felony drug offense’ (as defined in 
section 102 of the Controlled Substances Act 
(21 U.S.C. 802)). 
‘‘(ii) An offense under section 274 (relat-
ing to bringing in and harboring certain aliens), 
section 277 (relating to aiding or assisting cer-
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tain aliens to enter the United States), or sec-
tion 278 (relating to importation of alien for 
immoral purpose). 
‘‘(iii) A crime of violence (as defined in 
section 16 of title 18, United States Code). 
‘‘(iv) A crime involving obstruction of jus-
tice, tampering with or retaliating against a 
witness, victim, or informant, or burglary. 
‘‘(v) 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 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). 
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‘‘(vi) A conspiracy to commit an offense 
described in clauses (i) through (v). 
‘‘(C) Notwithstanding any other provision of 
law (including any effective date), the term ‘criminal 
gang’ applies regardless of whether the conduct oc-
curred before, on, or after the date of the enactment 
of this paragraph.’’. 
(b) 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 if a consular 
officer, the Secretary of Homeland Security, or 
the Attorney General knows or has reason to 
believe that the alien— 
‘‘(i) is or has been a member of a 
criminal gang; or 
‘‘(ii) has participated in the activities 
of a criminal gang knowing or having rea-
son to know that such activities will pro-
mote, further, aid, or support the illegal 
activity of the criminal gang.’’. 
(c) 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: 
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