Title: A bill to make aliens associated with a criminal gang inadmissible, deportable, and ineligible for various forms of relief.
Policy area: Immigration

Summary:
This bill amends the Immigration and Nationality Act to define "criminal gang."
An alien who is or was a member of a criminal gang, or who participated in gang activity knowing that such participation will promote the gang's illegal activity, shall be inadmissible and deportable.
The Department of Homeland Security may designate a group or association as a criminal gang.
Detention shall be mandatory for anyone found inadmissible or deportable for criminal street gang membership.
Individuals found inadmissible or deportable for criminal gang membership shall be barred from:
An alien found at a U.S. land border or port of entry who is determined to be inadmissible and a threat to public safety (certain criminals, terrorists, street gang members) shall be subject to expedited removal.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 52 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 52

     To make aliens associated with a criminal gang inadmissible, 
        deportable, and ineligible for various forms of relief.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 5, 2017

   Mr. Grassley (for himself, Mr. Tillis, Mr. Cruz, Mr. Inhofe, Mr. 
Boozman, and Mr. Cotton) introduced the following bill; which was read 
          twice and 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 Representatives 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:
    ``(53)(A) The term `criminal gang' means an ongoing group, club, 
organization, or association of five or more persons--
            ``(i)(I) that has as one of its primary purposes the 
        commission of one or more of the criminal offenses described in 
        subparagraph (B); and
            ``(II) the members of which engage, or have engaged within 
        the past five years, in a continuing series of offenses 
        described in subparagraph (B); or
            ``(ii) that has been designated as a criminal gang under 
        section 220 by the Secretary of Homeland Security, in 
        consultation with the Attorney General, or by the Secretary of 
        State.
    ``(B) The offenses described in this subparagraph, 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 
enactment 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 (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).
            ``(iii) A crime of violence (as defined in section 16 of 
        title 18, United States Code).
            ``(iv) A crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        burglary.
            ``(v) Any conduct punishable under section 1028 or 1029 of 
        title 18, United States Code (relating to fraud and related 
        activity in connection with identification documents or access 
        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 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).
            ``(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 occurred before, on, or after the date of the enactment of 
this paragraph.''.
    (b) Inadmissibility.--Section 212(a)(2) of the Immigration 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 reason to 
                        know that such activities will promote, 
                        further, aid, or support the illegal activity 
                        of the criminal gang.''.
    (c) Deportability.--Section 237(a)(2) of the Immigration 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 if 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 reason to 
                        know that such activities 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. 1181 et seq.) is amended by 
        adding at the end the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANGS.

    ``(a) In General.--The Secretary of Homeland Security, in 
consultation with the Attorney General, or the Secretary of State may 
designate a group or association as a criminal gang if their conduct is 
described in section 101(a)(53) or if the group or association conduct 
poses a significant risk that threatens the security and the public 
safety of nationals of the United States or the national security, 
homeland security, foreign policy, or economy of the United States.
    ``(b) Effective Date.--A designation made under subsection (a) 
shall remain in effect until the designation is revoked after 
consultation between the Secretary of Homeland Security, the Attorney 
General, and the Secretary of State or is terminated in accordance with 
Federal law.''.
            (2) Clerical amendment.--The table of contents in the first 
        section of the Immigration and Nationality Act is amended by 
        inserting after the item relating to section 219 the following:

``220. Designation of criminal gangs.''.
    (e) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1)(D) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)(D)) is amended--
                    (A) by striking ``section 212(a)(3)(B)'' and 
                inserting ``paragraph (2)(J) or (3)(B) of section 
                212(a)''; and
                    (B) by striking ``237(a)(4)(B),'' and inserting 
                ``paragraph (2)(G) or (4)(B) of section 237(a),''.
            (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 
        Committee on the Judiciary of the Senate and the Committee on 
        the Judiciary of the House of Representatives on the number of 
        aliens detained as a result of the amendments made by paragraph 
        (1).
    (f) Asylum Claims Based on Gang Affiliation.--
            (1) Ineligibility for asylum.--Section 208(b)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 
        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 following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or 237(a)(2)(G)(i) (relating to 
                        participation in criminal gangs); or''.
            (2) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(b)(3)(B)) is amended, in the 
        matter preceding clause (i), by inserting ``who is described in 
        section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is'' 
        after ``to an alien''.
    (g) Temporary Protected Status.--Section 244 of the Immigration and 
Nationality Act (8 U.S.C. 1254a) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``States, or'' and 
                inserting ``States;'';
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is a member of a criminal 
                        gang.''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3);
                    (B) by redesignating paragraph (4) as paragraph 
                (3); and
                    (C) in paragraph (3), as redesignated, by adding at 
                the end the following: ``The Secretary of Homeland 
                Security may detain an alien provided temporary 
                protected status under this section whenever 
                appropriate under any other provision of law.''.
    (h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii) 
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii)) 
is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is a member of 
                                a criminal gang shall be eligible for 
                                any immigration benefit under this 
                                subparagraph;''.
    (i) Deferred Action.--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 deferred action.
    (j) 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 assistance.
    (k) Effective Date.--The amendments made by this section--
            (1) shall take effect on the date of the enactment of this 
        Act; and
            (2) shall apply to acts that occur before, on, or after 
        such date.

SEC. 2. MANDATORY EXPEDITED REMOVAL OF DANGEROUS CRIMINALS, TERRORISTS, 
              AND GANG MEMBERS.

    (a) In General.--Notwithstanding any other provision of law, an 
immigration officer who finds an alien described in subsection (b) at a 
land border or port of entry of the United States and determines that 
such alien is inadmissible under the Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) shall treat such alien in accordance with section 
235 of the Immigration and Nationality Act (8 U.S.C. 1225).
    (b) Threats to Public Safety.--An alien described in this 
subsection is an alien who the Secretary of Homeland Security 
determines, or has reason to believe--
            (1) has been convicted of any offense carrying a maximum 
        term of imprisonment of more than 180 days;
            (2) has been convicted of an offense involving--
                    (A) domestic violence (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a)));
                    (B) child abuse and neglect (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a)));
                    (C) assault resulting in bodily injury (as defined 
                in section 2266 of title 18, United States Code);
                    (D) the violation of a protection order (as defined 
                in section 2266 of title 18, United States Code);
                    (E) driving while intoxicated (as defined in 
                section 164(a) of title 23, United States Code); or
                    (F) any offense under foreign law, except for a 
                purely political offense, which, if the offense had 
                been committed in the United States, would render the 
                alien inadmissible under section 212(a) of the 
                Immigration and Nationality Act (8 U.S.C. 1182(a));
            (3) has been convicted of more than one criminal offense 
        (other than minor traffic offenses);
            (4) has engaged in, is engaged in, or is likely to engage 
        after entry in any terrorist activity (as defined in section 
        212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 
        U.S.C. 1182(a)(3)(B)(iii))), or intends to participate or has 
        participated in the activities of a foreign terrorist 
        organization (as designated under section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189));
            (5) is or was a member of a criminal street gang (as 
        defined in paragraph (53) of section 101(a) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)), as added by section 
        1(a)); or
            (6) has entered the United States more than one time in 
        violation of section 275(a) of the Immigration and Nationality 
        Act (8 U.S.C. 1325(a)), knowing that such entry was unlawful.
                                 <all>