If enacted, the bill would establish a systematic and comprehensive reporting framework that compiles essential data on gang growth over the past decade, including trends in gang membership, locations, and criminal enterprises. Reports would not only focus on quantitative data but would also require analysis of the methods and networks utilized by gangs in their criminal activities. Furthermore, the legislation would necessitate collaboration between federal agencies, including the Department of Justice, the Department of Homeland Security, and local law enforcement agencies to present a unified front against gang-related violence.
Summary
House Bill 3769, also known as the Gang Activity Reporting Act of 2023, seeks to amend Title 28 of the United States Code to impose a requirement on the Attorney General to submit an annual report to Congress detailing gang activity, including reporting, investigation, and prosecution efforts. The bill is a response to an alarming rise in violent crime rates, particularly those attributed to gang-related activities, as recent statistics show gangs are responsible for nearly half of all violent crimes in the nation. This legislative initiative aims to ensure policymakers have access to up-to-date data to develop effective and evidence-based crime prevention strategies.
Contention
The primary points of contention surrounding HB3769 are related to concerns about the adequacy of data collection from state and local levels and the effectiveness of federal oversight in tackling gang crime. Critics may raise questions about how the data will be interpreted and used, potentially impacting funding and focus on specific areas of gang-related crime. Additionally, discussions might center around the balance between enhanced data reporting and the risk of further stigmatizing communities disproportionately affected by gang violence. Ensuring that the report's findings lead to constructive policies rather than punitive measures will be a critical aspect of the debate.
Criminal Alien Gang Member Removal Act This bill makes non-U.S. nationals (aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups with criminal gang status. An individual shall be inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice knows or has reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, or has participated or aided such a group's illegal activities, shall be deportable. Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter. The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by DHS. The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for administrative and judicial review of the designation.