Title: Protecting Our Communities from Gang Violence Act of 2021
Policy area: Immigration

Summary:
Protecting Our Communities from Gang Violence Act of 2021
This bill makes alien gang members inadmissible to the United States and deportable. It also authorizes revoking the citizenship of certain naturalized individuals who are members of a criminal gang.
The Department of Homeland Security may designate a group or association of five or more persons as a criminal gang if one of the group's primary purposes is the commission of certain crimes, and if the group's members have committed such crimes in a continuing series of such offenses within the past five years.
The Department of Justice shall take into custody any individual who is inadmissible or deportable due to an association with a criminal gang.
Individuals associated with a criminal gang shall be ineligible for asylum or temporary protected status. Prohibitions on removing an alien to a country where the alien's life or freedom would be threatened due to factors, such as the alien's membership in a particular social group, shall not apply to individuals associated with an alien criminal gang.
An alien affiliated with a criminal gang shall not be regarded as a person of good moral character for immigration purposes.
If a naturalized person becomes an associate of a criminal gang or has been convicted for or admits to certain criminal conduct within 10 years of naturalization, such conduct shall be prima facie evidence sufficient to revoke the order admitting the person to citizenship in the absence of countervailing evidence.


[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1995 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1995

  To amend the Immigration and Nationality Act with respect to aliens 
        associated with criminal gangs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2021

Mr. Zeldin (for himself and Mr. Brooks) 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Our Communities from Gang 
Violence Act of 2021''.

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 ongoing group, 
        club, organization, or association of five or more persons that 
        has as one of its primary purposes 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 
        continuing series of such offenses, or that has been designated 
        as a criminal gang by the Secretary of Homeland Security, in 
        consultation with the Attorney General, as meeting these 
        criteria. The offenses described, 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:
                    ``(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 (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).
                    ``(D) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(E) Any conduct punishable under sections 1028 
                and 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 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 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 described 
                in subparagraphs (A) through (E).''.

SEC. 3. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) 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 who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason 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 
                        activities of a criminal gang (as defined in 
                        section 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.''.
    (b) 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 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 activities 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 following:

                     ``designation of criminal gang

    ``Sec. 220.  (a) Designation.--
    ``(1) In General.--The Secretary of Homeland Security, 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 making 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 designate a group, club, 
        organization, or association of 5 or more persons under this 
        subsection and the factual basis therefor.
            ``(B) Publication in the federal register.--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 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 petition.--
                    ``(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 revocation within the 
                petition period described in clause (ii).
                    ``(ii) Petition period.--For purposes 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 subparagraph, the 
                        petition period begins 2 years after the date 
                        of the determination made under clause (iv) on 
                        that petition.
                    ``(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 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 revocation 
                        submitted under this subparagraph, the 
                        Secretary shall make a determination as to such 
                        revocation.
                            ``(II) Classified information.--The 
                        Secretary may consider classified information 
                        in making a determination in response to a 
                        petition for revocation. 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).
                            ``(III) Publication of determination.--A 
                        determination made by the Secretary under this 
                        clause shall be published in the Federal 
                        Register.
                            ``(IV) Procedures.--Any revocation by the 
                        Secretary shall be made in accordance with 
                        paragraph (6).
            ``(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 response to a petition 
                for revocation that is filed in accordance with that 
                subparagraph, then the review shall be conducted 
                pursuant to procedures 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 review.--The 
                Secretary shall publish any determination made pursuant 
                to this subparagraph in the Federal Register.
    ``(5) Revocation by Act of Congress.--The Congress, by an Act of 
Congress, may block or revoke a designation made under paragraph (1).
    ``(6) Revocation Based on Change in Circumstances.--
            ``(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 association 
                of 5 or more persons that has been designated as a 
                criminal gang is no longer described in section 
                101(a)(53); or
                    ``(ii) the national security or the law enforcement 
                interests of the United States warrants a revocation.
            ``(B) Procedure.--The procedural requirements of paragraphs 
        (2) and (3) shall apply to a revocation under this paragraph. 
        Any revocation shall take effect on the date specified in the 
        revocation 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 Hearing.--If a designation 
under this subsection has become effective under paragraph (2) an alien 
in a removal proceeding shall not be permitted to raise any question 
concerning 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 association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted 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 subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with 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) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated 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 administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests 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 Attorney General.''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 219 
        the following:

``Sec. 220. Designation.''.
    (d) Mandatory Detention of Criminal Gang Members.--
            (1) In general.--Section 236(c)(1) of the Immigration 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
                    (C) by inserting after subparagraph (D) the 
                following:
                    ``(E) is inadmissible under section 212(a)(2)(J) or 
                deportable under section 217(a)(2)(G),''.
            (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 
        Committees on the Judiciary of the House of Representatives and 
        of the Senate on the number of aliens detained under the 
        amendments made by paragraph (1).
    (e) Asylum Claims Based on Gang Affiliation.--
            (1) Inapplicability of restriction on removal to certain 
        countries.--Section 241(b)(3)(B) of the Immigration and 
        Nationality Act (8 U.S.C. 1251(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''.
            (2) Ineligibility for asylum.--Section 208(b)(2)(A) of such 
        Act (8 U.S.C. 1158(b)(2)(A)) (as amended by section 201 of this 
        Act) is further 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 section 237(a)(2)(G)(i); 
                        or''.
    (f) Temporary Protected Status.--Section 244 of such Act (8 U.S.C. 
1254a) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time has 
                        been, described in section 212(a)(2)(J) or 
                        section 237(a)(2)(G).''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), 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.''.
    (g) 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, or at any 
                                time has been, described in section 
                                212(a)(2)(J) or section 237(a)(2)(G) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.
    (h) 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.

SEC. 4. CRIMINAL GANG MEMBERS AND SUPPORTERS DISQUALIFIED FROM GOOD 
              MORAL CHARACTER PROVISION.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or'';
            (3) by inserting after paragraph (9), the following:
            ``(10) one whom the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary of Homeland Security or the Attorney General, to 
        be an alien who--
                    ``(A) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal gang;
                    ``(B) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal street gang (as defined in section 520 
                of title 18, United States Code); or
                    ``(C) has been convicted of or has admitted 
                committing the essential elements of the following 
                offenses--
                            ``(i) a felony drug offense (as defined in 
                        section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802)); or
                            ``(ii) has engaged in conduct punishable 
                        under section 274, 277, or 278; or
                            ``(iii) committed a crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code); or
                            ``(iv) committed a crime involving 
                        obstruction of justice, tampering with or 
                        retaliating against a witness, victim, or 
                        informant, or burglary; or
                            ``(v) engaged in conduct punishable under 
                        section 1028 or 1029, and sections 1541 through 
                        1546 of title 18, United States Code; or
                            ``(vi) engaged in conduct punishable under 
                        sections 1581 through 1594 of title 18, United 
                        States Code; or
                            ``(vii) engaged in conduct punishable under 
                        sections 1951, 1952, 1956, and 1957 of title 
                        18, United States Code; or
                            ``(viii) engaged in conduct punishable 
                        under sections 2312 through 2315 of title 18, 
                        United States Code; or
                            ``(ix) attempted to engage in an offense 
                        described in paragraphs (1) through (8) above, 
                        or engaged in conduct punishable under sections 
                        2 through 4, and sections 371 through 373 of 
                        title 18, United States Code, in furtherance of 
                        such an offense.''; and
            (4) by adding at the end, at the end of the matter 
        following paragraph (10) (as inserted in this section), the 
        following: ``An alien shall be deemed to have `admitted the 
        essential elements of an offense' upon an oral or written 
        statement to such effect, or upon a conviction or formal 
        finding by a competent Federal, State or local court, tribunal 
        or military proceeding that said person has engaged in unlawful 
        conduct whose essential elements include those that would be 
        required for conviction of a disqualifying offense. A 
        determination by the Secretary of Homeland Security or Attorney 
        General that an alien does not exhibit good moral character 
        based on gang membership, association, affiliation, or 
        provision of material support, may be based upon any relevant 
        information or evidence, including classified, law enforcement 
        sensitive, or national security information and shall be 
        binding upon any court regardless of the applicable standard of 
        review.''.

SEC. 5. PROHIBITION AGAINST FILING.

    (a) In General.--No person who--
            (1) is or has ever been a member, associate or affiliate 
        of, or who has ever provided material support to, a criminal 
        gang (as defined in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101));
            (2) is or has ever been a member, associate or affiliate 
        of, or who has ever provided material support to, a criminal 
        street gang (as defined in section 520 of title 18, United 
        States Code); or
            (3) has been convicted of or has admitted the essential 
        elements of an offense as specified in subsection (b),
shall be permitted to file an application or petition, or submit an 
affidavit of support, on behalf of an alien under any provision of the 
immigration laws, nor shall such person be permitted to assume 
custodial care for an unaccompanied alien minor.
    (b) Disqualifying Offenses.--Offenses which disqualify a person 
under subsection (a) are--
            (1) a felony drug offense (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
            (2) conduct punishable under section 274, 277, or 278 of 
        the Immigration and Nationality Act (8 U.S.C. 1324; 1327; 
        1328);
            (3) a crime of violence (as defined in section 16 of title 
        18, United States Code);
            (4) a crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        burglary;
            (5) conduct punishable under section 1028 or 1029, and 
        sections 1541 through 1546 of title 18, United States Code;
            (6) conduct punishable under sections 1581 through 1594 of 
        title 18, United States Code;
            (7) sections 1951, 1952, 1956, and 1957 of title 18, United 
        States Code;
            (8) sections 2312 through 2315 of title 18 of the United 
        States Code; or
            (9) any attempt to engage in an offense described in 
        paragraphs (1) through (8) above, or conduct punishable under 
        sections 2 through 4, and sections 371 through 373 of title 18, 
        United States Code in furtherance of such an offense.
    (c) Admission of Essential Elements of an Offense.--A person shall 
be deemed to have admitted the essential elements of an offense within 
the meaning of subsection (a)(3) upon an oral or written statement to 
such effect, or upon a conviction or formal finding by a competent 
Federal, State or local court, tribunal or military proceeding that 
said person has engaged in unlawful conduct whose essential elements 
include those that would be required for conviction of a disqualifying 
offense as described in subsection (b).

SEC. 6. DENATURALIZATION OF CRIMINAL GANG MEMBERS AND SUPPORTERS.

    Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) 
is amended by striking subsection (c) and inserting the following 
language:
    ``(c) Membership in Certain Organizations; Prima Facie Evidence.--
            ``(1) In general.--If a person who shall have been 
        naturalized after December 24, 1952, shall within 10 years 
        following such naturalization become a member of or affiliated 
        with any organization, membership in or affiliation with which 
        at the time of naturalization would have precluded such person 
        from naturalization under the provisions of section 313, it 
        shall be considered prima facie evidence that such person was 
        not attached to the principles of the Constitution of the 
        United States and was not well disposed to the good order and 
        happiness of the United States at the time of naturalization, 
        and, in the absence of countervailing evidence, it shall be 
        sufficient in the proper proceeding to authorize the revocation 
        and setting aside of the order admitting such person to 
        citizenship and the cancellation of the certificate of 
        naturalization as having been obtained by concealment of a 
        material fact or by willful misrepresentation, and such 
        revocation and setting aside of the order admitting such person 
        to citizenship and such canceling of certificate of 
        naturalization shall be effective as of the original date of 
        the order and certificate, respectively.
            ``(2) Organization, membership in or affiliation with which 
        at the time of naturalization would have precluded such person 
        from naturalization.--The phrase `any organization, membership 
        in or affiliation with which at the time of naturalization 
        would have precluded such person from naturalization' shall be 
        deemed to include an alien who--
                    ``(A) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal gang;
                    ``(B) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal street gang as defined in section 520 of 
                title 18 of the United States Code; or
                    ``(C) has been convicted of or has admitted 
                committing the essential elements of the following 
                offenses--
                            ``(i) a felony drug offense (as defined in 
                        section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802));
                            ``(ii) has engaged in conduct punishable 
                        under section 274, 277, or 278;
                            ``(iii) committed a crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code);
                            ``(iv) committed a crime involving 
                        obstruction of justice, tampering with or 
                        retaliating against a witness, victim, or 
                        informant, or burglary;
                            ``(v) engaged in conduct punishable under 
                        section 1028 or 1029, and sections 1541 through 
                        1546 of title 18, United States Code;
                            ``(vi) engaged in conduct punishable under 
                        sections 1581 through 1594 of title 18, United 
                        States Code; or engaged in conduct punishable 
                        under sections 1951, 1952, 1956, and 1957 of 
                        title 18, United States Code;
                            ``(vii) engaged in conduct punishable under 
                        sections 2312 through 2315 of title 18, United 
                        States Code; or
                            ``(viii) attempted to engage in an offense 
                        described in clauses (i) through (viii) above, 
                        or engaged in conduct punishable under sections 
                        2 through 4, and sections 371 through 373 of 
                        title 18, United States Code in furtherance of 
                        such an offense.
            ``(3) Deemed to have admitted.--An alien shall be deemed to 
        have admitted the essential elements of an offense within the 
        meaning of paragraph (2)(C) upon an oral or written statement 
        to such effect, or upon a conviction or formal finding by a 
        competent Federal, State or local court, tribunal or military 
        proceeding that said person has engaged in unlawful conduct 
        whose essential elements include those that would be required 
        for conviction of a disqualifying offense.''.

SEC. 7. EFFECTIVE DATE AND APPLICATION.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act, shall apply to any act that occurred before, 
on, or after such date, and shall apply to any application for 
naturalization or any other benefit or relief, or any other case or 
matter under the immigration laws, pending on, or filed after, such 
date.
                                 <all>