I
118THCONGRESS
2
DSESSION H. R. 9657
To amend the Immigration and Nationality Act to provide for the detention
and removal of certain aliens belonging to international criminal gangs.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER18, 2024
Mr. L
OPEZ(for himself and Mr. OWENS) introduced the following bill; which
was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to provide
for the detention and removal of certain aliens belonging
to international criminal gangs.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Detain and Deport 4
Gang Members Act of 2024’’. 5
SEC. 2. DETENTION OF CERTAIN ALIENS WHO BELONG TO 6
INTERNATIONAL CRIMINAL GANGS. 7
(a) D
EFINITION OFGANGMEMBER.—Section 101(a) 8
of the Immigration and Nationality Act (8 U.S.C. 9
1101(a)) is amended by adding at the end the following: 10
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‘‘(53) The term ‘criminal gang’ means an ongoing 1
group, club, organization, or association of 5 or more per-2
sons that has as one of its primary purposes the commis-3
sion of 1 or more of the following criminal offenses and 4
the members of which engage, or have engaged within the 5
past 5 years, in a continuing series of such offenses, or 6
that has been designated as a criminal gang by the Sec-7
retary of Homeland Security, in consultation with the At-8
torney General, as meeting these criteria. The offenses de-9
scribed, whether in violation of Federal or State law or 10
foreign law and regardless of whether the offenses oc-11
curred before, on, or after the date of the enactment of 12
this paragraph, are the following: 13
‘‘(A) A ‘felony drug offense’ (as defined in sec-14
tion 102 of the Controlled Substances Act (21 15
U.S.C. 802)). 16
‘‘(B) An offense under section 274 (relating to 17
bringing in and harboring certain aliens), section 18
277 (relating to aiding or assisting certain aliens to 19
enter the United States), or section 278 (relating to 20
importation of alien for immoral purpose). 21
‘‘(C) A crime of violence (as defined in section 22
16 of title 18, United States Code). 23
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‘‘(D) A crime involving obstruction of justice, 1
tampering with or retaliating against a witness, vic-2
tim, or informant, or burglary. 3
‘‘(E) Any conduct punishable under sections 4
1028 and 1029 of title 18, United States Code (re-5
lating to fraud and related activity in connection 6
with identification documents or access devices), sec-7
tions 1581 through 1594 of such title (relating to 8
peonage, slavery, and trafficking in persons), section 9
1951 of such title (relating to interference with com-10
merce by threats or violence), section 1952 of such 11
title (relating to interstate and foreign travel or 12
transportation in aid of racketeering enterprises), 13
section 1956 of such title (relating to the laundering 14
of monetary instruments), section 1957 of such title 15
(relating to engaging in monetary transactions in 16
property derived from specified unlawful activity), or 17
sections 2312 through 2315 of such title (relating to 18
interstate transportation of stolen motor vehicles or 19
stolen property). 20
‘‘(F) A conspiracy to commit an offense de-21
scribed in subparagraphs (A) through (E).’’. 22
(b) I
NADMISSIBILITY.—Section 212(a)(2) of such Act 23
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 24
the following: 25
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‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL 1
GANGS.—Any alien is inadmissible who a con-2
sular officer, the Secretary of Homeland Secu-3
rity, or the Attorney General knows or has rea-4
son to believe— 5
‘‘(i) to be or to have been a member 6
of a criminal gang (as defined in section 7
101(a)(53)); or 8
‘‘(ii) to have participated in the activi-9
ties of a criminal gang (as defined in sec-10
tion 101(a)(53)), knowing or having reason 11
to know that such activities will promote, 12
further, aid, or support the illegal activity 13
of the criminal gang.’’. 14
(c) D
ETENTION.—Section 236(c)(1) of the Immigra-15
tion and Nationality Act (8 U.S.C. 1226(c)) is amended— 16
(1) in paragraph (1)— 17
(A) in the matter preceding subparagraph 18
(A), by striking ‘‘Attorney General’’ and insert-19
ing ‘‘Secretary of Homeland Security’’; 20
(B) in subparagraph (C), by striking ‘‘, 21
or’’ and inserting a comma; 22
(C) in subparagraph (D), by adding ‘‘or’’ 23
at the end; and 24
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(D) by inserting after subparagraph (D) 1
the following: 2
‘‘(E) is or has been a member of a crimi-3
nal gang, or has participated in the activities of 4
a criminal gang, knowing or having reason to 5
know that such activities will promote, further, 6
aid, or support the illegal activity of the crimi-7
nal gang;’’; 8
(2) by redesignating paragraph (2) as para-9
graph (4); and 10
(3) by inserting after paragraph (1) the fol-11
lowing: 12
‘‘(2) D
ETAINER.—The Secretary of Homeland 13
Security shall issue a detainer for an alien described 14
in paragraph (1)(E) and, if the alien is not other-15
wise detained by Federal, State, or local officials, 16
shall effectively and expeditiously take custody of the 17
alien.’’. 18
(d) D
EPORTABILITY.—Section 237(a)(2) of the Im-19
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 20
amended by adding at the end the following: 21
‘‘(G) A
LIENS ASSOCIATED WITH CRIMINAL 22
GANGS.—Any alien is deportable who— 23
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‘‘(i) is or has been a member of a 1
criminal gang (as defined in section 2
101(a)(53)); or 3
‘‘(ii) has participated in the activities 4
of a criminal gang (as so defined), knowing 5
or having reason to know that such activi-6
ties will promote, further, aid, or support 7
the illegal activity of the criminal gang.’’. 8
(e) D
ESIGNATION.— 9
(1) I
N GENERAL.—Chapter 2 of title II of the 10
Immigration and Nationality Act (8 U.S.C. 1182) is 11
amended by inserting after section 219 the fol-12
lowing: 13
‘‘
DESIGNATION OF CRIMINAL GANG 14
‘‘S
EC. 220. (a) DESIGNATION.— 15
‘‘(1) I
NGENERAL.—The Secretary of Homeland Se-16
curity, in consultation with the Attorney General, may 17
designate a group, club, organization, or association of 5 18
or more persons as a criminal gang if the Secretary finds 19
that their conduct is described in section 101(a)(53). 20
‘‘(2) P
ROCEDURE.— 21
‘‘(A) N
OTIFICATION.—Seven days before mak-22
ing a designation under this subsection, the Sec-23
retary shall, by classified communication, notify the 24
Speaker and Minority Leader of the House of Rep-25
resentatives, the President pro tempore, Majority 26
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Leader, and Minority Leader of the Senate, and the 1
members of the relevant committees of the House of 2
Representatives and the Senate, in writing, of the 3
intent to designate a group, club, organization, or 4
association of 5 or more persons under this sub-5
section and the factual basis therefor. 6
‘‘(B) P
UBLICATION IN THE FEDERAL REG -7
ISTER.—The Secretary shall publish the designation 8
in the Federal Register seven days after providing 9
the notification under subparagraph (A). 10
‘‘(3) R
ECORD.— 11
‘‘(A) I
N GENERAL.—In making a designation 12
under this subsection, the Secretary shall create an 13
administrative record. 14
‘‘(B) C
LASSIFIED INFORMATION .—The Sec-15
retary may consider classified information in making 16
a designation under this subsection. Classified infor-17
mation shall not be subject to disclosure for such 18
time as it remains classified, except that such infor-19
mation may be disclosed to a court ex parte and in 20
camera for purposes of judicial review under sub-21
section (c). 22
‘‘(4) P
ERIOD OFDESIGNATION.— 23
‘‘(A) I
N GENERAL.—A designation under this 24
subsection shall be effective for all purposes until re-25
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voked under paragraph (5) or (6) or set aside pursu-1
ant to subsection (c). 2
‘‘(B) R
EVIEW OF DESIGNATION UPON PETI -3
TION.— 4
‘‘(i) I
N GENERAL.—The Secretary shall re-5
view the designation of a criminal gang under 6
the procedures set forth in clauses (iii) and (iv) 7
if the designated group, club, organization, or 8
association of 5 or more persons files a petition 9
for revocation within the petition period de-10
scribed in clause (ii). 11
‘‘(ii) P
ETITION PERIOD.—For purposes of 12
clause (i)— 13
‘‘(I) if the designated group, club, or-14
ganization, or association of 5 or more per-15
sons has not previously filed a petition for 16
revocation under this subparagraph, the 17
petition period begins 2 years after the 18
date on which the designation was made; 19
or 20
‘‘(II) if the designated group, club, or-21
ganization, or association of 5 or more per-22
sons has previously filed a petition for rev-23
ocation under this subparagraph, the peti-24
tion period begins 2 years after the date of 25
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the determination made under clause (iv) 1
on that petition. 2
‘‘(iii) P
ROCEDURES.—Any group, club, or-3
ganization, or association of 5 or more persons 4
that submits a petition for revocation under 5
this subparagraph of its designation as a crimi-6
nal gang must provide evidence in that petition 7
that it is not described in section 101(a)(53). 8
‘‘(iv) D
ETERMINATION.— 9
‘‘(I) I
N GENERAL.—Not later than 10
180 days after receiving a petition for rev-11
ocation submitted under this subpara-12
graph, the Secretary shall make a deter-13
mination as to such revocation. 14
‘‘(II) C
LASSIFIED INFORMATION .— 15
The Secretary may consider classified in-16
formation in making a determination in re-17
sponse to a petition for revocation. Classi-18
fied information shall not be subject to dis-19
closure for such time as it remains classi-20
fied, except that such information may be 21
disclosed to a court ex parte and in camera 22
for purposes of judicial review under sub-23
section (c). 24
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‘‘(III) PUBLICATION OF DETERMINA -1
TION.—A determination made by the Sec-2
retary under this clause shall be published 3
in the Federal Register. 4
‘‘(IV) P
ROCEDURES.—Any revocation 5
by the Secretary shall be made in accord-6
ance with paragraph (6). 7
‘‘(C) O
THER REVIEW OF DESIGNATION .— 8
‘‘(i) I
N GENERAL.—If in a 5-year period no 9
review has taken place under subparagraph (B), 10
the Secretary shall review the designation of the 11
criminal gang in order to determine whether 12
such designation should be revoked pursuant to 13
paragraph (6). 14
‘‘(ii) P
ROCEDURES.—If a review does not 15
take place pursuant to subparagraph (B) in re-16
sponse to a petition for revocation that is filed 17
in accordance with that subparagraph, then the 18
review shall be conducted pursuant to proce-19
dures established by the Secretary. The results 20
of such review and the applicable procedures 21
shall not be reviewable in any court. 22
‘‘(iii) P
UBLICATION OF RESULTS OF RE -23
VIEW.—The Secretary shall publish any deter-24
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mination made pursuant to this subparagraph 1
in the Federal Register. 2
‘‘(5) R
EVOCATION BYACT OFCONGRESS.—The Con-3
gress, by an Act of Congress, may block or revoke a des-4
ignation made under paragraph (1). 5
‘‘(6) R
EVOCATIONBASED ON CHANGE IN CIR-6
CUMSTANCES.— 7
‘‘(A) I
N GENERAL.—The Secretary may revoke 8
a designation made under paragraph (1) at any 9
time, and shall revoke a designation upon completion 10
of a review conducted pursuant to subparagraphs 11
(B) and (C) of paragraph (4) if the Secretary finds 12
that— 13
‘‘(i) the group, club, organization, or asso-14
ciation of 5 or more persons that has been des-15
ignated as a criminal gang is no longer de-16
scribed in section 101(a)(53); or 17
‘‘(ii) the national security or the law en-18
forcement interests of the United States war-19
rants a revocation. 20
‘‘(B) P
ROCEDURE.—The procedural require-21
ments of paragraphs (2) and (3) shall apply to a 22
revocation under this paragraph. Any revocation 23
shall take effect on the date specified in the revoca-24
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tion or upon publication in the Federal Register if 1
no effective date is specified. 2
‘‘(7) E
FFECT OFREVOCATION.—The revocation of a 3
designation under paragraph (5) or (6) shall not affect 4
any action or proceeding based on conduct committed 5
prior to the effective date of such revocation. 6
‘‘(8) U
SE OFDESIGNATION INTRIAL ORHEAR-7
ING.—If a designation under this subsection has become 8
effective under paragraph (2) an alien in a removal pro-9
ceeding shall not be permitted to raise any question con-10
cerning the validity of the issuance of such designation 11
as a defense or an objection. 12
‘‘(b) A
MENDMENTS TO A DESIGNATION.— 13
‘‘(1) I
N GENERAL.—The Secretary may amend 14
a designation under this subsection if the Secretary 15
finds that the group, club, organization, or associa-16
tion of 5 or more persons has changed its name, 17
adopted a new alias, dissolved and then reconsti-18
tuted itself under a different name or names, or 19
merged with another group, club, organization, or 20
association of 5 or more persons. 21
‘‘(2) P
ROCEDURE.—Amendments made to a 22
designation in accordance with paragraph (1) shall 23
be effective upon publication in the Federal Register. 24
Paragraphs (2), (4), (5), (6), (7), and (8) of sub-25
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section (a) shall also apply to an amended designa-1
tion. 2
‘‘(3) A
DMINISTRATIVE RECORD .—The adminis-3
trative record shall be corrected to include the 4
amendments as well as any additional relevant infor-5
mation that supports those amendments. 6
‘‘(4) C
LASSIFIED INFORMATION .—The Sec-7
retary may consider classified information in amend-8
ing a designation in accordance with this subsection. 9
Classified information shall not be subject to disclo-10
sure for such time as it remains classified, except 11
that such information may be disclosed to a court ex 12
parte and in camera for purposes of judicial review 13
under subsection (c) of this section. 14
‘‘(c) J
UDICIALREVIEW OFDESIGNATION.— 15
‘‘(1) I
N GENERAL.—Not later than 30 days 16
after publication in the Federal Register of a des-17
ignation, an amended designation, or a determina-18
tion in response to a petition for revocation, the des-19
ignated group, club, organization, or association of 5 20
or more persons may seek judicial review in the 21
United States Court of Appeals for the District of 22
Columbia Circuit. 23
‘‘(2) B
ASIS OF REVIEW.—Review under this 24
subsection shall be based solely upon the administra-25
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tive record, except that the Government may submit, 1
for ex parte and in camera review, classified infor-2
mation used in making the designation, amended 3
designation, or determination in response to a peti-4
tion for revocation. 5
‘‘(3) S
COPE OF REVIEW.—The Court shall hold 6
unlawful and set aside a designation, amended des-7
ignation, or determination in response to a petition 8
for revocation the court finds to be— 9
‘‘(A) arbitrary, capricious, an abuse of dis-10
cretion, or otherwise not in accordance with 11
law; 12
‘‘(B) contrary to constitutional right, 13
power, privilege, or immunity; 14
‘‘(C) in excess of statutory jurisdiction, au-15
thority, or limitation, or short of statutory 16
right; 17
‘‘(D) lacking substantial support in the ad-18
ministrative record taken as a whole or in clas-19
sified information submitted to the court under 20
paragraph (2); or 21
‘‘(E) not in accord with the procedures re-22
quired by law. 23
‘‘(4) J
UDICIAL REVIEW INVOKED .—The pend-24
ency of an action for judicial review of a designation, 25
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amended designation, or determination in response 1
to a petition for revocation shall not affect the appli-2
cation of this section, unless the court issues a final 3
order setting aside the designation, amended des-4
ignation, or determination in response to a petition 5
for revocation. 6
‘‘(d) D
EFINITIONS.—As used in this section— 7
‘‘(1) the term ‘classified information’ has the 8
meaning given that term in section 1(a) of the Clas-9
sified Information Procedures Act (18 U.S.C. App.); 10
‘‘(2) the term ‘national security’ means the na-11
tional defense, foreign relations, or economic inter-12
ests of the United States; 13
‘‘(3) the term ‘relevant committees’ means the 14
Committees on the Judiciary of the Senate and of 15
the House of Representatives; and 16
‘‘(4) the term ‘Secretary’ means the Secretary 17
of Homeland Security, in consultation with the At-18
torney General.’’. 19
(2) C
LERICAL AMENDMENT .—The table of con-20
tents for such Act is amended by inserting after the 21
item relating to section 219 the following: 22
‘‘Sec. 220. Designation of criminal gang.’’.
(f) ASYLUMCLAIMSBASED ON GANGAFFILI-23
ATION.— 24
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(1) INAPPLICABILITY OF RESTRICTION ON RE -1
MOVAL TO CERTAIN COUNTRIES .—Section 2
241(b)(3)(B) of the Immigration and Nationality 3
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 4
matter preceding clause (i), by inserting ‘‘who is de-5
scribed in section 212(a)(2)(J)(i) or section 6
237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 7
(2) I
NELIGIBILITY FOR ASYLUM .—Section 8
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 9
(as amended by section 201 of this Act) is further 10
amended— 11
(A) in clause (v), by striking ‘‘or’’ at the 12
end; 13
(B) by redesignating clause (vi) as clause 14
(vii); and 15
(C) by inserting after clause (v) the fol-16
lowing: 17
‘‘(vi) the alien is described in section 18
212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 19
or’’. 20
(g) T
EMPORARYPROTECTEDSTATUS.—Section 244 21
of such Act (8 U.S.C. 1254a) is amended— 22
(1) by striking ‘‘Attorney General’’ each place 23
it appears and inserting ‘‘Secretary of Homeland Se-24
curity’’; 25
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(2) in subparagraph (c)(2)(B)— 1
(A) in clause (i), by striking ‘‘or’’ at the 2
end; 3
(B) in clause (ii), by striking the period 4
and inserting ‘‘; or’’; and 5
(C) by adding at the end the following: 6
‘‘(iii) the alien is, or at any time has 7
been, described in section 212(a)(2)(J) or 8
section 237(a)(2)(G).’’; and 9
(3) in subsection (d)— 10
(A) by striking paragraph (3); and 11
(B) in paragraph (4), by adding at the end 12
the following: ‘‘The Secretary of Homeland Se-13
curity may detain an alien provided temporary 14
protected status under this section whenever 15
appropriate under any other provision of law.’’. 16
(h) S
PECIALIMMIGRANTJUVENILEVISAS.—Section 17
101(a)(27)(J)(iii) of the Immigration and Nationality Act 18
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 19
(1) in subclause (I), by striking ‘‘and’’; 20
(2) in subclause (II), by adding ‘‘and’’ at the 21
end; and 22
(3) by adding at the end the following: 23
‘‘(III) no alien who is, or at any 24
time has been, described in section 25
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212(a)(2)(J) or section 237(a)(2)(G) 1
shall be eligible for any immigration 2
benefit under this subparagraph;’’. 3
(i) P
AROLE.—An alien described in section 4
212(a)(2)(J) of the Immigration and Nationality Act, as 5
added by subsection (b), shall not be eligible for parole 6
under section 212(d)(5)(A) of such Act unless— 7
(1) the alien is assisting or has assisted the 8
United States Government in a law enforcement 9
matter, including a criminal investigation; and 10
(2) the alien’s presence in the United States is 11
required by the Government with respect to such as-12
sistance. 13
(j) E
FFECTIVEDATE.—The amendments made by 14
this section shall take effect on the date of the enactment 15
of this Act and shall apply to acts that occur before, on, 16
or after the date of the enactment of this Act. 17
Æ
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