I
119THCONGRESS
1
STSESSION H. R. 1050
To amend the Immigration and Nationality Act with respect to aliens
associated with criminal gangs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY6, 2025
Mr. B
UCHANAN(for himself, Mr. WEBERof Texas, and Mr. MOOREof West
Virginia) introduced the following bill; which was referred to the Com-
mittee 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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Criminal Alien Gang 4
Member Removal Act’’. 5
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SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORT-1
ABILITY FOR ALIEN GANG MEMBERS. 2
(a) D
EFINITION OFGANGMEMBER.—Section 101(a) 3
of the Immigration and Nationality Act (8 U.S.C. 4
1101(a)) is amended by adding at the end the following: 5
‘‘(53) The term ‘criminal gang’ means an ongoing 6
group, club, organization, or association of 5 or more per-7
sons that has as one of its primary purposes the commis-8
sion of 1 or more of the following criminal offenses and 9
the members of which engage, or have engaged within the 10
past 5 years, in a continuing series of such offenses, or 11
that has been designated as a criminal gang by the Sec-12
retary of Homeland Security, in consultation with the At-13
torney General, as meeting these criteria. The offenses de-14
scribed, whether in violation of Federal or State law or 15
foreign law and regardless of whether the offenses oc-16
curred before, on, or after the date of the enactment of 17
this paragraph, are the following: 18
‘‘(A) A ‘felony drug offense’ (as defined in sec-19
tion 102 of the Controlled Substances Act (21 20
U.S.C. 802)). 21
‘‘(B) An offense under section 274 (relating to 22
bringing in and harboring certain aliens), section 23
277 (relating to aiding or assisting certain aliens to 24
enter the United States), or section 278 (relating to 25
importation of alien for immoral purpose). 26
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‘‘(C) A crime of violence (as defined in section 1
16 of title 18, United States Code). 2
‘‘(D) A crime involving obstruction of justice, 3
tampering with or retaliating against a witness, vic-4
tim, or informant, or burglary. 5
‘‘(E) Any conduct punishable under sections 6
1028 and 1029 of title 18, United States Code (re-7
lating to fraud and related activity in connection 8
with identification documents or access devices), sec-9
tions 1581 through 1594 of such title (relating to 10
peonage, slavery, and trafficking in persons), section 11
1951 of such title (relating to interference with com-12
merce by threats or violence), section 1952 of such 13
title (relating to interstate and foreign travel or 14
transportation in aid of racketeering enterprises), 15
section 1956 of such title (relating to the laundering 16
of monetary instruments), section 1957 of such title 17
(relating to engaging in monetary transactions in 18
property derived from specified unlawful activity), or 19
sections 2312 through 2315 of such title (relating to 20
interstate transportation of stolen motor vehicles or 21
stolen property). 22
‘‘(F) A conspiracy to commit an offense de-23
scribed in subparagraphs (A) through (E).’’. 24
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(b) INADMISSIBILITY.—Section 212(a)(2) of such Act 1
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 2
the following: 3
‘‘(J) A
LIENS ASSOCIATED WITH CRIMINAL 4
GANGS.—Any alien is inadmissible who a con-5
sular officer, the Secretary of Homeland Secu-6
rity, or the Attorney General knows or has rea-7
son to believe— 8
‘‘(i) to be or to have been a member 9
of a criminal gang (as defined in section 10
101(a)(53)); or 11
‘‘(ii) to have participated in the activi-12
ties of a criminal gang (as defined in sec-13
tion 101(a)(53)), knowing or having reason 14
to know that such activities will promote, 15
further, aid, or support the illegal activity 16
of the criminal gang.’’. 17
(c) D
EPORTABILITY.—Section 237(a)(2) of the Im-18
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 19
amended by adding at the end the following: 20
‘‘(G) A
LIENS ASSOCIATED WITH CRIMINAL 21
GANGS.—Any alien is deportable who— 22
‘‘(i) is or has been a member of a 23
criminal gang (as defined in section 24
101(a)(53)); or 25
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‘‘(ii) has participated in the activities 1
of a criminal gang (as so defined), knowing 2
or having reason to know that such activi-3
ties will promote, further, aid, or support 4
the illegal activity of the criminal gang.’’. 5
(d) D
ESIGNATION.— 6
(1) I
N GENERAL.—Chapter 2 of title II of the 7
Immigration and Nationality Act (8 U.S.C. 1182) is 8
amended by inserting after section 219 the fol-9
lowing: 10
‘‘
DESIGNATION OF CRIMINAL GANG 11
‘‘S
EC. 220. (a) DESIGNATION.— 12
‘‘(1) I
NGENERAL.—The Secretary of Homeland Se-13
curity, in consultation with the Attorney General, may 14
designate a group, club, organization, or association of 5 15
or more persons as a criminal gang if the Secretary finds 16
that their conduct is described in section 101(a)(53). 17
‘‘(2) P
ROCEDURE.— 18
‘‘(A) N
OTIFICATION.—Seven days before mak-19
ing a designation under this subsection, the Sec-20
retary shall, by classified communication, notify the 21
Speaker and Minority Leader of the House of Rep-22
resentatives, the President pro tempore, Majority 23
Leader, and Minority Leader of the Senate, and the 24
members of the relevant committees of the House of 25
Representatives and the Senate, in writing, of the 26
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intent to designate a group, club, organization, or 1
association of 5 or more persons under this sub-2
section and the factual basis therefor. 3
‘‘(B) P
UBLICATION IN THE FEDERAL REG -4
ISTER.—The Secretary shall publish the designation 5
in the Federal Register seven days after providing 6
the notification under subparagraph (A). 7
‘‘(3) R
ECORD.— 8
‘‘(A) I
N GENERAL.—In making a designation 9
under this subsection, the Secretary shall create an 10
administrative record. 11
‘‘(B) C
LASSIFIED INFORMATION .—The Sec-12
retary may consider classified information in making 13
a designation under this subsection. Classified infor-14
mation shall not be subject to disclosure for such 15
time as it remains classified, except that such infor-16
mation may be disclosed to a court ex parte and in 17
camera for purposes of judicial review under sub-18
section (c). 19
‘‘(4) P
ERIOD OFDESIGNATION.— 20
‘‘(A) I
N GENERAL.—A designation under this 21
subsection shall be effective for all purposes until re-22
voked under paragraph (5) or (6) or set aside pursu-23
ant to subsection (c). 24
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‘‘(B) REVIEW OF DESIGNATION UPON PETI -1
TION.— 2
‘‘(i) I
N GENERAL.—The Secretary shall re-3
view the designation of a criminal gang under 4
the procedures set forth in clauses (iii) and (iv) 5
if the designated group, club, organization, or 6
association of 5 or more persons files a petition 7
for revocation within the petition period de-8
scribed in clause (ii). 9
‘‘(ii) P
ETITION PERIOD.—For purposes of 10
clause (i)— 11
‘‘(I) if the designated group, club, or-12
ganization, or association of 5 or more per-13
sons has not previously filed a petition for 14
revocation under this subparagraph, the 15
petition period begins 2 years after the 16
date on which the designation was made; 17
or 18
‘‘(II) if the designated group, club, or-19
ganization, or association of 5 or more per-20
sons has previously filed a petition for rev-21
ocation under this subparagraph, the peti-22
tion period begins 2 years after the date of 23
the determination made under clause (iv) 24
on that petition. 25
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‘‘(iii) PROCEDURES.—Any group, club, or-1
ganization, or association of 5 or more persons 2
that submits a petition for revocation under 3
this subparagraph of its designation as a crimi-4
nal gang must provide evidence in that petition 5
that it is not described in section 101(a)(53). 6
‘‘(iv) D
ETERMINATION.— 7
‘‘(I) I
N GENERAL.—Not later than 8
180 days after receiving a petition for rev-9
ocation submitted under this subpara-10
graph, the Secretary shall make a deter-11
mination as to such revocation. 12
‘‘(II) C
LASSIFIED INFORMATION .— 13
The Secretary may consider classified in-14
formation in making a determination in re-15
sponse to a petition for revocation. Classi-16
fied information shall not be subject to dis-17
closure for such time as it remains classi-18
fied, except that such information may be 19
disclosed to a court ex parte and in camera 20
for purposes of judicial review under sub-21
section (c). 22
‘‘(III) P
UBLICATION OF DETERMINA -23
TION.—A determination made by the Sec-24
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retary under this clause shall be published 1
in the Federal Register. 2
‘‘(IV) P
ROCEDURES.—Any revocation 3
by the Secretary shall be made in accord-4
ance with paragraph (6). 5
‘‘(C) O
THER REVIEW OF DESIGNATION .— 6
‘‘(i) I
N GENERAL.—If in a 5-year period no 7
review has taken place under subparagraph (B), 8
the Secretary shall review the designation of the 9
criminal gang in order to determine whether 10
such designation should be revoked pursuant to 11
paragraph (6). 12
‘‘(ii) P
ROCEDURES.—If a review does not 13
take place pursuant to subparagraph (B) in re-14
sponse to a petition for revocation that is filed 15
in accordance with that subparagraph, then the 16
review shall be conducted pursuant to proce-17
dures established by the Secretary. The results 18
of such review and the applicable procedures 19
shall not be reviewable in any court. 20
‘‘(iii) P
UBLICATION OF RESULTS OF RE -21
VIEW.—The Secretary shall publish any deter-22
mination made pursuant to this subparagraph 23
in the Federal Register. 24
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‘‘(5) REVOCATION BYACT OFCONGRESS.—The Con-1
gress, by an Act of Congress, may block or revoke a des-2
ignation made under paragraph (1). 3
‘‘(6) R
EVOCATIONBASED ON CHANGE IN CIR-4
CUMSTANCES.— 5
‘‘(A) I
N GENERAL.—The Secretary may revoke 6
a designation made under paragraph (1) at any 7
time, and shall revoke a designation upon completion 8
of a review conducted pursuant to subparagraphs 9
(B) and (C) of paragraph (4) if the Secretary finds 10
that— 11
‘‘(i) the group, club, organization, or asso-12
ciation of 5 or more persons that has been des-13
ignated as a criminal gang is no longer de-14
scribed in section 101(a)(53); or 15
‘‘(ii) the national security or the law en-16
forcement interests of the United States war-17
rants a revocation. 18
‘‘(B) P
ROCEDURE.—The procedural require-19
ments of paragraphs (2) and (3) shall apply to a 20
revocation under this paragraph. Any revocation 21
shall take effect on the date specified in the revoca-22
tion or upon publication in the Federal Register if 23
no effective date is specified. 24
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‘‘(7) EFFECT OFREVOCATION.—The revocation of a 1
designation under paragraph (5) or (6) shall not affect 2
any action or proceeding based on conduct committed 3
prior to the effective date of such revocation. 4
‘‘(8) U
SE OFDESIGNATION INTRIAL ORHEAR-5
ING.—If a designation under this subsection has become 6
effective under paragraph (2) an alien in a removal pro-7
ceeding shall not be permitted to raise any question con-8
cerning the validity of the issuance of such designation 9
as a defense or an objection. 10
‘‘(b) A
MENDMENTS TO A DESIGNATION.— 11
‘‘(1) I
N GENERAL.—The Secretary may amend 12
a designation under this subsection if the Secretary 13
finds that the group, club, organization, or associa-14
tion of 5 or more persons has changed its name, 15
adopted a new alias, dissolved and then reconsti-16
tuted itself under a different name or names, or 17
merged with another group, club, organization, or 18
association of 5 or more persons. 19
‘‘(2) P
ROCEDURE.—Amendments made to a 20
designation in accordance with paragraph (1) shall 21
be effective upon publication in the Federal Register. 22
Paragraphs (2), (4), (5), (6), (7), and (8) of sub-23
section (a) shall also apply to an amended designa-24
tion. 25
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‘‘(3) ADMINISTRATIVE RECORD .—The adminis-1
trative record shall be corrected to include the 2
amendments as well as any additional relevant infor-3
mation that supports those amendments. 4
‘‘(4) C
LASSIFIED INFORMATION .—The Sec-5
retary may consider classified information in amend-6
ing a designation in accordance with this subsection. 7
Classified information shall not be subject to disclo-8
sure for such time as it remains classified, except 9
that such information may be disclosed to a court ex 10
parte and in camera for purposes of judicial review 11
under subsection (c) of this section. 12
‘‘(c) J
UDICIALREVIEW OFDESIGNATION.— 13
‘‘(1) I
N GENERAL.—Not later than 30 days 14
after publication in the Federal Register of a des-15
ignation, an amended designation, or a determina-16
tion in response to a petition for revocation, the des-17
ignated group, club, organization, or association of 5 18
or more persons may seek judicial review in the 19
United States Court of Appeals for the District of 20
Columbia Circuit. 21
‘‘(2) B
ASIS OF REVIEW.—Review under this 22
subsection shall be based solely upon the administra-23
tive record, except that the Government may submit, 24
for ex parte and in camera review, classified infor-25
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mation used in making the designation, amended 1
designation, or determination in response to a peti-2
tion for revocation. 3
‘‘(3) S
COPE OF REVIEW.—The Court shall hold 4
unlawful and set aside a designation, amended des-5
ignation, or determination in response to a petition 6
for revocation the court finds to be— 7
‘‘(A) arbitrary, capricious, an abuse of dis-8
cretion, or otherwise not in accordance with 9
law; 10
‘‘(B) contrary to constitutional right, 11
power, privilege, or immunity; 12
‘‘(C) in excess of statutory jurisdiction, au-13
thority, or limitation, or short of statutory 14
right; 15
‘‘(D) lacking substantial support in the ad-16
ministrative record taken as a whole or in clas-17
sified information submitted to the court under 18
paragraph (2); or 19
‘‘(E) not in accord with the procedures re-20
quired by law. 21
‘‘(4) J
UDICIAL REVIEW INVOKED .—The pend-22
ency of an action for judicial review of a designation, 23
amended designation, or determination in response 24
to a petition for revocation shall not affect the appli-25
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cation of this section, unless the court issues a final 1
order setting aside the designation, amended des-2
ignation, or determination in response to a petition 3
for revocation. 4
‘‘(d) D
EFINITIONS.—As used in this section— 5
‘‘(1) the term ‘classified information’ has the 6
meaning given that term in section 1(a) of the Clas-7
sified Information Procedures Act (18 U.S.C. App.); 8
‘‘(2) the term ‘national security’ means the na-9
tional defense, foreign relations, or economic inter-10
ests of the United States; 11
‘‘(3) the term ‘relevant committees’ means the 12
Committees on the Judiciary of the Senate and of 13
the House of Representatives; and 14
‘‘(4) the term ‘Secretary’ means the Secretary 15
of Homeland Security, in consultation with the At-16
torney General.’’. 17
(2) C
LERICAL AMENDMENT .—The table of con-18
tents for such Act is amended by inserting after the 19
item relating to section 219 the following: 20
‘‘Sec. 220. Designation of criminal gang.’’.
(e) MANDATORYDETENTION OF CRIMINALGANG 21
M
EMBERS.— 22
(1) I
N GENERAL.—Section 236(c)(1) of the Im-23
migration and Nationality Act (8 U.S.C. 1226(c)(1)) 24
is amended— 25
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(A) in subparagraph (C), by striking ‘‘or’’ 1
at the end; 2
(B) in subparagraph (D), by inserting 3
‘‘or’’ at the end; and 4
(C) by inserting after subparagraph (D) 5
the following: 6
‘‘(E) is inadmissible under section 7
212(a)(2)(J) or deportable under section 8
217(a)(2)(G),’’. 9
(2) A
NNUAL REPORT.—Not later than March 1 10
of each year (beginning 1 year after the date of the 11
enactment of this Act), the Secretary of Homeland 12
Security, after consultation with the appropriate 13
Federal agencies, shall submit a report to the Com-14
mittees on the Judiciary of the House of Represent-15
atives and of the Senate on the number of aliens de-16
tained under the amendments made by paragraph 17
(1). 18
(f) A
SYLUMCLAIMSBASED ON GANGAFFILI-19
ATION.— 20
(1) I
NAPPLICABILITY OF RESTRICTION ON RE -21
MOVAL TO CERTAIN COUNTRIES .—Section 22
241(b)(3)(B) of the Immigration and Nationality 23
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 24
matter preceding clause (i), by inserting ‘‘who is de-25
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scribed in section 212(a)(2)(J)(i) or section 1
237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 2
(2) I
NELIGIBILITY FOR ASYLUM .—Section 3
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 4
(as amended by section 201 of this Act) is further 5
amended— 6
(A) in clause (v), by striking ‘‘or’’ at the 7
end; 8
(B) by redesignating clause (vi) as clause 9
(vii); and 10
(C) by inserting after clause (v) the fol-11
lowing: 12
‘‘(vi) the alien is described in section 13
212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 14
or’’. 15
(g) T
EMPORARYPROTECTEDSTATUS.—Section 244 16
of such Act (8 U.S.C. 1254a) is amended— 17
(1) by striking ‘‘Attorney General’’ each place 18
it appears and inserting ‘‘Secretary of Homeland Se-19
curity’’; 20
(2) in subparagraph (c)(2)(B)— 21
(A) in clause (i), by striking ‘‘or’’ at the 22
end; 23
(B) in clause (ii), by striking the period 24
and inserting ‘‘; or’’; and 25
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(C) by adding at the end the following: 1
‘‘(iii) the alien is, or at any time has 2
been, described in section 212(a)(2)(J) or 3
section 237(a)(2)(G).’’; and 4
(3) in subsection (d)— 5
(A) by striking paragraph (3); and 6
(B) in paragraph (4), by adding at the end 7
the following: ‘‘The Secretary of Homeland Se-8
curity may detain an alien provided temporary 9
protected status under this section whenever 10
appropriate under any other provision of law.’’. 11
(h) S
PECIALIMMIGRANTJUVENILEVISAS.—Section 12
101(a)(27)(J)(iii) of the Immigration and Nationality Act 13
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 14
(1) in subclause (I), by striking ‘‘and’’; 15
(2) in subclause (II), by adding ‘‘and’’ at the 16
end; and 17
(3) by adding at the end the following: 18
‘‘(III) no alien who is, or at any 19
time has been, described in section 20
212(a)(2)(J) or section 237(a)(2)(G) 21
shall be eligible for any immigration 22
benefit under this subparagraph;’’. 23
(i) P
AROLE.—An alien described in section 24
212(a)(2)(J) of the Immigration and Nationality Act, as 25
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added by subsection (b), shall not be eligible for parole 1
under section 212(d)(5)(A) of such Act unless— 2
(1) the alien is assisting or has assisted the 3
United States Government in a law enforcement 4
matter, including a criminal investigation; and 5
(2) the alien’s presence in the United States is 6
required by the Government with respect to such as-7
sistance. 8
(j) E
FFECTIVEDATE.—The amendments made by 9
this section shall take effect on the date of the enactment 10
of this Act and shall apply to acts that occur before, on, 11
or after the date of the enactment of this Act. 12
Æ
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