I 
119TH CONGRESS 
1ST SESSION 
H. R. 175 
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 3, 2025 
Mr. MCCLINTOCK (for himself, Mr. WEBER of Texas, Ms. TENNEY, Mr. 
NEHLS, Ms. HAGEMAN, and Mr. OGLES) 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 ‘‘Deport Alien Gang 
Members Act’’. 
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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: 
‘‘(53) The term ‘criminal gang’ means an ongoing 
group, club, organization, or association of 5 or more per-
sons that has as 1 of its primary purposes the commission 
of 1 or more of the offenses described in this paragraph 
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 committed, in whole or in part, within 
or outside of the United States and regardless of whether 
the offenses occurred before, on, or after the date of the 
enactment of this paragraph, are the following: 
‘‘(A) A Federal, State, local, or Tribal offense 
that is punishable by imprisonment for more than 1 
year and relates to a controlled substance (as so 
classified under the relevant Federal, State, local, or 
Tribal law), regardless of whether the substance is 
classified as a controlled substance under section 
102 of the Controlled Substances Act (21 U.S.C. 
802). 
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‘‘(B) A foreign offense that is punishable by im-
prisonment for more than 1 year and relates to a 
controlled substance as defined under section 102 of 
the Controlled Substances Act (21 U.S.C. 802). 
‘‘(C) An offense that is punishable by imprison-
ment for more than 1 year and involves firearms or 
explosives (as defined under the relevant Federal, 
State, local, Tribal, or foreign law) or in violation of 
section 931 of title 18, United States Code (relating 
to purchase, ownership, or possession of body armor 
by violent felons). 
‘‘(D) 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). 
‘‘(E) A crime of violence (as defined in section 
16(a) of title 18, United States Code). 
‘‘(F) A crime involving obstruction of justice, 
tampering with or retaliating against a witness, vic-
tim, or informant, or burglary (as such terms are 
defined under the relevant Federal, State, local, 
Tribal, or foreign law). 
‘‘(G) Any conduct punishable under sections 
1028, 1028A, and 1029 of title 18, United States 
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Code (relating to fraud, aggravated identity theft or 
fraud and related activity in connection with identi-
fication documents or access devices), sections 1581 
through 1594 of such title (relating to peonage, slav-
ery, and trafficking in persons), section 1951 of 
such title (relating to interference with commerce by 
threats or violence), section 1952 of such title (relat-
ing to interstate and foreign travel or transportation 
in aid of racketeering enterprises), section 1956 of 
such title (relating to the laundering of monetary in-
struments), section 1957 of such title (relating to 
engaging in monetary transactions in property de-
rived from specified unlawful activity), or sections 
2312 through 2315 of such title (relating to inter-
state transportation of stolen motor vehicles or sto-
len property). 
‘‘(H) A conspiracy to commit an offense de-
scribed in subparagraphs (A) through (G).’’. 
(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: 
‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is inadmissible who a con-
sular officer, an immigration officer, the Sec-
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retary of Homeland Security, or the Attorney 
General knows, or has reason to believe— 
‘‘(i) is, or has been, a member of a 
criminal gang; 
‘‘(ii) has promoted, conspired with, 
aided, or participated in the activities of a 
criminal gang, whether within or outside of 
the United States; or 
‘‘(iii) seeks to enter the United States, 
or has entered the United States, in fur-
therance of the activities of a criminal 
gang, whether those activities take place 
within or outside of the United States.’’. 
(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: 
‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL 
GANGS.—Any alien is deportable who— 
‘‘(i) is or has been a member of a 
criminal gang; or 
‘‘(ii) has promoted, conspired with, 
aided, or participated in the activities of a 
criminal gang, whether within or outside of 
the United States.’’. 
(d) DESIGNATION.— 
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(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: 
‘‘Sec. 220. Designation of criminal gang. 
‘‘(a) DESIGNATION.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in consultation with the Attorney General, 
may designate a group, club, organization, or asso-
ciation 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.—7 days before mak-
ing a designation under this subsection, the 
Secretary shall, by classified communication, 
notify the Speaker and minority leader of the 
House of Representatives, 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 des-
ignate a group, club, organization, or associa-
tion of 5 or more persons under this subsection 
and the factual basis therefor. 
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‘‘(B) PUBLICATION IN THE FEDERAL REG-
ISTER.—The Secretary shall publish the des-
ignation in the Federal Register 7 days after 
providing the notification under subparagraph 
(A). 
‘‘(3) RECORD.— 
‘‘(A) IN GENERAL.—In making a designa-
tion under this subsection, the Secretary shall 
create an administrative record. 
‘‘(B) 
CLASSIFIED
INFORMATION.—The 
Secretary may consider classified information in 
making a designation under this subsection. 
Classified information shall not be subject to 
disclosure 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). 
‘‘(4) PERIOD OF DESIGNATION.— 
‘‘(A) IN GENERAL.—A designation under 
this subsection shall be effective for all purposes 
until revoked under paragraph (5) or (6) or set 
aside pursuant to subsection (c). 
‘‘(B) REVIEW OF DESIGNATION UPON PE-
TITION.— 
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‘‘(i) IN
GENERAL.—The Secretary 
shall review 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 rev-
ocation within the petition period described 
in clause (ii). 
‘‘(ii) PETITION
PERIOD.—For pur-
poses of clause (i)— 
‘‘(I) if the designated group, 
club, organization, or association of 5 
or more persons 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, organization, or association of 5 
or more persons has previously filed a 
petition for revocation under this sub-
paragraph, the petition period begins 
2 years after the date of the deter-
mination made under clause (iv) on 
that petition. 
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‘‘(iii) 
PROCEDURES.—Any 
group, 
club, organization, or association of 5 or 
more persons that submits a petition for 
revocation under this subparagraph of its 
designation as a criminal gang must pro-
vide evidence in that petition that it is not 
described in section 101(a)(53). 
‘‘(iv) DETERMINATION.— 
‘‘(I) IN
GENERAL.—Not later 
than 30 days after receiving a petition 
for revocation submitted under this 
subparagraph, the Secretary shall 
make a determination as to such rev-
ocation. 
‘‘(II) 
CLASSIFIED
INFORMA-
TION.—The Secretary may consider 
classified information in making a de-
termination in response to a petition 
for revocation. Classified information 
shall not be subject to disclosure for 
such time as it remains classified, ex-
cept that such information may be 
disclosed to a court ex parte and in 
camera for purposes of judicial review 
under subsection (c). 
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