I
119THCONGRESS
1
STSESSION H. R. 175
To amend the Immigration and Nationality Act with respect to aliens
associated with criminal gangs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY3, 2025
Mr. M
CCLINTOCK(for himself, Mr. WEBERof Texas, Ms. TENNEY, Mr.
N
EHLS, Ms. HAGEMAN, and Mr. OGLES) 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 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 ‘‘Deport Alien Gang 4
Members 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 1 of its primary purposes the commission 8
of 1 or more of the offenses described in this paragraph 9
and the members of which engage, or have engaged within 10
the past 5 years, in a continuing series of such offenses, 11
or 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 committed, in whole or in part, within 15
or outside of the United States and regardless of whether 16
the offenses occurred before, on, or after the date of the 17
enactment of this paragraph, are the following: 18
‘‘(A) A Federal, State, local, or Tribal offense 19
that is punishable by imprisonment for more than 1 20
year and relates to a controlled substance (as so 21
classified under the relevant Federal, State, local, or 22
Tribal law), regardless of whether the substance is 23
classified as a controlled substance under section 24
102 of the Controlled Substances Act (21 U.S.C. 25
802). 26
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‘‘(B) A foreign offense that is punishable by im-1
prisonment for more than 1 year and relates to a 2
controlled substance as defined under section 102 of 3
the Controlled Substances Act (21 U.S.C. 802). 4
‘‘(C) An offense that is punishable by imprison-5
ment for more than 1 year and involves firearms or 6
explosives (as defined under the relevant Federal, 7
State, local, Tribal, or foreign law) or in violation of 8
section 931 of title 18, United States Code (relating 9
to purchase, ownership, or possession of body armor 10
by violent felons). 11
‘‘(D) An offense under section 274 (relating to 12
bringing in and harboring certain aliens), section 13
277 (relating to aiding or assisting certain aliens to 14
enter the United States), or section 278 (relating to 15
importation of alien for immoral purpose). 16
‘‘(E) A crime of violence (as defined in section 17
16(a) of title 18, United States Code). 18
‘‘(F) A crime involving obstruction of justice, 19
tampering with or retaliating against a witness, vic-20
tim, or informant, or burglary (as such terms are 21
defined under the relevant Federal, State, local, 22
Tribal, or foreign law). 23
‘‘(G) Any conduct punishable under sections 24
1028, 1028A, and 1029 of title 18, United States 25
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Code (relating to fraud, aggravated identity theft or 1
fraud and related activity in connection with identi-2
fication documents or access devices), sections 1581 3
through 1594 of such title (relating to peonage, slav-4
ery, and trafficking in persons), section 1951 of 5
such title (relating to interference with commerce by 6
threats or violence), section 1952 of such title (relat-7
ing to interstate and foreign travel or transportation 8
in aid of racketeering enterprises), section 1956 of 9
such title (relating to the laundering of monetary in-10
struments), section 1957 of such title (relating to 11
engaging in monetary transactions in property de-12
rived from specified unlawful activity), or sections 13
2312 through 2315 of such title (relating to inter-14
state transportation of stolen motor vehicles or sto-15
len property). 16
‘‘(H) A conspiracy to commit an offense de-17
scribed in subparagraphs (A) through (G).’’. 18
(b) I
NADMISSIBILITY.—Section 212(a)(2) of such Act 19
(8 U.S.C. 1182(a)(2)) is amended by adding at the end 20
the following: 21
‘‘(J) A
LIENS ASSOCIATED WITH CRIMINAL 22
GANGS.—Any alien is inadmissible who a con-23
sular officer, an immigration officer, the Sec-24
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retary of Homeland Security, or the Attorney 1
General knows, or has reason to believe— 2
‘‘(i) is, or has been, a member of a 3
criminal gang; 4
‘‘(ii) has promoted, conspired with, 5
aided, or participated in the activities of a 6
criminal gang, whether within or outside of 7
the United States; or 8
‘‘(iii) seeks to enter the United States, 9
or has entered the United States, in fur-10
therance of the activities of a criminal 11
gang, whether those activities take place 12
within or outside of the United States.’’. 13
(c) D
EPORTABILITY.—Section 237(a)(2) of the Im-14
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 15
amended by adding at the end the following: 16
‘‘(G) A
LIENS ASSOCIATED WITH CRIMINAL 17
GANGS.—Any alien is deportable who— 18
‘‘(i) is or has been a member of a 19
criminal gang; or 20
‘‘(ii) has promoted, conspired with, 21
aided, or participated in the activities of a 22
criminal gang, whether within or outside of 23
the United States.’’. 24
(d) D
ESIGNATION.— 25
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(1) IN GENERAL.—Chapter 2 of title II of the 1
Immigration and Nationality Act (8 U.S.C. 1182) is 2
amended by inserting after section 219 the fol-3
lowing: 4
‘‘Sec. 220. Designation of criminal gang.
‘‘(a) DESIGNATION.— 5
‘‘(1) I
N GENERAL.—The Secretary of Homeland 6
Security, in consultation with the Attorney General, 7
may designate a group, club, organization, or asso-8
ciation of 5 or more persons as a criminal gang if 9
the Secretary finds that their conduct is described in 10
section 101(a)(53). 11
‘‘(2) P
ROCEDURE.— 12
‘‘(A) N
OTIFICATION.—7 days before mak-13
ing a designation under this subsection, the 14
Secretary shall, by classified communication, 15
notify the Speaker and minority leader of the 16
House of Representatives, the president pro 17
tempore, majority leader, and minority leader of 18
the Senate, and the members of the relevant 19
committees of the House of Representatives and 20
the Senate, in writing, of the intent to des-21
ignate a group, club, organization, or associa-22
tion of 5 or more persons under this subsection 23
and the factual basis therefor. 24
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‘‘(B) PUBLICATION IN THE FEDERAL REG -1
ISTER.—The Secretary shall publish the des-2
ignation in the Federal Register 7 days after 3
providing the notification under subparagraph 4
(A). 5
‘‘(3) R
ECORD.— 6
‘‘(A) I
N GENERAL.—In making a designa-7
tion under this subsection, the Secretary shall 8
create an administrative record. 9
‘‘(B) C
LASSIFIED INFORMATION .—The 10
Secretary may consider classified information in 11
making a designation under this subsection. 12
Classified information shall not be subject to 13
disclosure for such time as it remains classified, 14
except that such information may be disclosed 15
to a court ex parte and in camera for purposes 16
of judicial review under subsection (c). 17
‘‘(4) P
ERIOD OF DESIGNATION.— 18
‘‘(A) I
N GENERAL.—A designation under 19
this subsection shall be effective for all purposes 20
until revoked under paragraph (5) or (6) or set 21
aside pursuant to subsection (c). 22
‘‘(B) R
EVIEW OF DESIGNATION UPON PE -23
TITION.— 24
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‘‘(i) IN GENERAL.—The Secretary 1
shall review the designation of a criminal 2
gang under the procedures set forth in 3
clauses (iii) and (iv) if the designated 4
group, club, organization, or association of 5
5 or more persons files a petition for rev-6
ocation within the petition period described 7
in clause (ii). 8
‘‘(ii) P
ETITION PERIOD.—For pur-9
poses of clause (i)— 10
‘‘(I) if the designated group, 11
club, organization, or association of 5 12
or more persons has not previously 13
filed a petition for revocation under 14
this subparagraph, the petition period 15
begins 2 years after the date on which 16
the designation was made; or 17
‘‘(II) if the designated group, 18
club, organization, or association of 5 19
or more persons has previously filed a 20
petition for revocation under this sub-21
paragraph, the petition period begins 22
2 years after the date of the deter-23
mination made under clause (iv) on 24
that petition. 25
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‘‘(iii) PROCEDURES.—Any group, 1
club, organization, or association of 5 or 2
more persons that submits a petition for 3
revocation under this subparagraph of its 4
designation as a criminal gang must pro-5
vide evidence in that petition that it is not 6
described in section 101(a)(53). 7
‘‘(iv) D
ETERMINATION.— 8
‘‘(I) I
N GENERAL.—Not later 9
than 30 days after receiving a petition 10
for revocation submitted under this 11
subparagraph, the Secretary shall 12
make a determination as to such rev-13
ocation. 14
‘‘(II) C
LASSIFIED INFORMA -15
TION.—The Secretary may consider 16
classified information in making a de-17
termination in response to a petition 18
for revocation. Classified information 19
shall not be subject to disclosure for 20
such time as it remains classified, ex-21
cept that such information may be 22
disclosed to a court ex parte and in 23
camera for purposes of judicial review 24
under subsection (c). 25
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‘‘(III) PUBLICATION OF DETER -1
MINATION.—A determination made by 2
the Secretary under this clause shall 3
be published in the Federal Register. 4
‘‘(IV) P
ROCEDURES.—Any rev-5
ocation by the Secretary shall be 6
made in accordance with paragraph 7
(6). 8
‘‘(C) O
THER REVIEW OF DESIGNATION .— 9
‘‘(i) I
N GENERAL.—If in a 5-year pe-10
riod no review has taken place under sub-11
paragraph (B), the Secretary shall review 12
the designation of the criminal gang in 13
order to determine whether such designa-14
tion should be revoked pursuant to para-15
graph (6). 16
‘‘(ii) P
ROCEDURES.—If a review does 17
not take place pursuant to subparagraph 18
(B) in response to a petition for revocation 19
that is filed in accordance with that sub-20
paragraph, then the review shall be con-21
ducted pursuant to procedures established 22
by the Secretary. The results of such re-23
view and the applicable procedures shall 24
not be reviewable in any court. 25
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‘‘(iii) PUBLICATION OF RESULTS OF 1
REVIEW.—The Secretary shall publish any 2
determination made pursuant to this sub-3
paragraph in the Federal Register. 4
‘‘(5) R
EVOCATION BY ACT OF CONGRESS .—The 5
Congress, by an Act of Congress, may block or re-6
voke a designation made under paragraph (1). 7
‘‘(6) R
EVOCATION BASED ON CHANGE IN CIR -8
CUMSTANCES.— 9
‘‘(A) I
N GENERAL.—The Secretary may re-10
voke a designation made under paragraph (1) 11
at any time, and shall revoke a designation 12
upon completion of a review conducted pursu-13
ant to subparagraphs (B) and (C) of paragraph 14
(4) if the Secretary finds that— 15
‘‘(i) the group, club, organization, or 16
association of 5 or more persons that has 17
been designated as a criminal gang is no 18
longer described in section 101(a)(53); or 19
‘‘(ii) the national security or the law 20
enforcement interests of the United States 21
warrants a revocation. 22
‘‘(B) P
ROCEDURE.—The procedural re-23
quirements of paragraphs (2) and (3) shall 24
apply to a revocation under this paragraph. Any 25
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revocation shall take effect on the date specified 1
in the revocation or upon publication in the 2
Federal Register if no effective date is specified. 3
‘‘(7) E
FFECT OF REVOCATION .—The revocation 4
of a designation under paragraph (5) or (6) shall 5
not affect any action or proceeding based on conduct 6
committed prior to the effective date of such revoca-7
tion. 8
‘‘(8) U
SE OF DESIGNATION IN TRIAL OR HEAR -9
ING.—If a designation under this subsection has be-10
come effective under paragraph (2) an alien in a re-11
moval proceeding shall not be permitted to raise any 12
question concerning the validity of the issuance of 13
such designation as a defense or an objection. 14
‘‘(b) A
MENDMENTS TO A DESIGNATION.— 15
‘‘(1) I
N GENERAL.—The Secretary may amend 16
a designation under this subsection if the Secretary 17
finds that the group, club, organization, or associa-18
tion of 5 or more persons has changed its name, 19
adopted a new alias, dissolved and then reconsti-20
tuted itself under a different name or names, or 21
merged with another group, club, organization, or 22
association of 5 or more persons. 23
‘‘(2) P
ROCEDURE.—Amendments made to a 24
designation in accordance with paragraph (1) shall 25
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be effective upon publication in the Federal Register. 1
Paragraphs (2), (4), (5), (6), (7), and (8) of sub-2
section (a) shall also apply to an amended designa-3
tion. 4
‘‘(3) A
DMINISTRATIVE RECORD .—The adminis-5
trative record shall be corrected to include the 6
amendments as well as any additional relevant infor-7
mation that supports those amendments. 8
‘‘(4) C
LASSIFIED INFORMATION .—The Sec-9
retary may consider classified information in amend-10
ing a designation in accordance with this subsection. 11
Classified information shall not be subject to disclo-12
sure for such time as it remains classified, except 13
that such information may be disclosed to a court ex 14
parte and in camera for purposes of judicial review 15
under subsection (c) of this section. 16
‘‘(c) J
UDICIALREVIEW OFDESIGNATION.— 17
‘‘(1) I
N GENERAL.—Not later than 30 days 18
after publication in the Federal Register of a des-19
ignation, an amended designation, or a determina-20
tion in response to a petition for revocation, the des-21
ignated group, club, organization, or association of 5 22
or more persons may seek judicial review in the 23
United States Court of Appeals for the District of 24
Columbia Circuit. 25
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‘‘(2) BASIS OF REVIEW.—Review under this 1
subsection shall be based solely upon the administra-2
tive record, except that the Government may submit, 3
for ex parte and in camera review, classified infor-4
mation used in making the designation, amended 5
designation, or determination in response to a peti-6
tion for revocation. 7
‘‘(3) S
COPE OF REVIEW.—The Court shall hold 8
unlawful and set aside a designation, amended des-9
ignation, or determination in response to a petition 10
for revocation the court finds to be— 11
‘‘(A) arbitrary, capricious, an abuse of dis-12
cretion, or otherwise not in accordance with 13
law; 14
‘‘(B) contrary to constitutional right, 15
power, privilege, or immunity; 16
‘‘(C) in excess of statutory jurisdiction, au-17
thority, or limitation, or short of statutory 18
right; 19
‘‘(D) lacking substantial support in the ad-20
ministrative record taken as a whole or in clas-21
sified information submitted to the court under 22
paragraph (2); or 23
‘‘(E) not in accord with the procedures re-24
quired by law. 25
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‘‘(4) JUDICIAL REVIEW INVOKED .—The pend-1
ency of an action for judicial review of a designation, 2
amended designation, or determination in response 3
to a petition for revocation shall not affect the appli-4
cation of this section, unless the court issues a final 5
order setting aside the designation, amended des-6
ignation, or determination in response to a petition 7
for revocation. 8
‘‘(5) E
XPEDITED REVIEW.—It shall be the duty 9
of the Court to advance on the docket and expedite 10
to the greatest possible extent the disposition of any 11
case considered under this subsection. 12
‘‘(d) D
EFINITIONS.—As used in this section— 13
‘‘(1) the term ‘classified information’ has the 14
meaning given that term in section 1(a) of the Clas-15
sified Information Procedures Act (18 U.S.C. App.); 16
‘‘(2) the term ‘national security’ means the na-17
tional defense, foreign relations, or economic inter-18
ests of the United States; 19
‘‘(3) the term ‘relevant committees’ means the 20
Committees on the Judiciary of the Senate and of 21
the House of Representatives; and 22
‘‘(4) the term ‘Secretary’ means the Secretary 23
of Homeland Security, in consultation with the At-24
torney General.’’. 25
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(2) CLERICAL AMENDMENT .—The table of con-1
tents for such Act is amended by inserting after the 2
item relating to section 219 the following: 3
‘‘Sec. 220. Designation.’’.
(e) MANDATORYDETENTION OF CRIMINALGANG 4
M
EMBERS.— 5
(1) I
N GENERAL.—Section 236(c)(1) of the Im-6
migration and Nationality Act (8 U.S.C. 1226(c)(1)) 7
is amended— 8
(A) in subparagraph (C), by striking ‘‘or’’ 9
at the end; 10
(B) in subparagraph (D), by inserting 11
‘‘or’’ at the end; and 12
(C) by inserting after subparagraph (D) 13
the following: 14
‘‘(E) is inadmissible under section 15
212(a)(2)(J) or deportable under section 16
217(a)(2)(G),’’. 17
(2) A
NNUAL REPORT.—Not later than March 1 18
of each year (beginning 1 year after the date of the 19
enactment of this Act), the Secretary of Homeland 20
Security, after consultation with the appropriate 21
Federal agencies, shall submit a report to the Com-22
mittees on the Judiciary of the House of Represent-23
atives and of the Senate on the number of aliens de-24
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tained under the amendments made by paragraph 1
(1). 2
(f) C
LAIMSBASED ONGANGAFFILIATION.— 3
(1) I
NAPPLICABILITY OF RESTRICTION ON RE -4
MOVAL TO CERTAIN COUNTRIES .—Section 5
241(b)(3)(B) of the Immigration and Nationality 6
Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 7
matter preceding clause (i), by inserting ‘‘who is de-8
scribed in section 212(a)(2)(J)(i) or section 9
237(a)(2)(G)(i) or who is’’ after ‘‘to an alien’’. 10
(2) I
NELIGIBILITY FOR ASYLUM .—Section 11
208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 12
(as amended by section 201 of this Act) is further 13
amended— 14
(A) in clause (v), by striking ‘‘or’’ at the 15
end; 16
(B) by redesignating clause (vi) as clause 17
(vii); and 18
(C) by inserting after clause (v) the fol-19
lowing: 20
‘‘(vi) the alien is described in section 21
212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 22
or’’. 23
(g) T
EMPORARYPROTECTEDSTATUS.—Section 244 24
of such Act (8 U.S.C. 1254a) is amended— 25
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(1) by striking ‘‘Attorney General’’ each place 1
it appears and inserting ‘‘Secretary of Homeland Se-2
curity’’; 3
(2) in subparagraph (c)(2)(B)— 4
(A) in clause (i), by striking ‘‘or’’ at the 5
end; 6
(B) in clause (ii), by striking the period 7
and inserting ‘‘; or’’; and 8
(C) by adding at the end the following: 9
‘‘(iii) the alien is, or at any time has 10
been, described in section 212(a)(2)(J) or 11
section 237(a)(2)(G).’’; and 12
(3) in subsection (d)— 13
(A) by striking paragraph (3); and 14
(B) in paragraph (4), by adding at the end 15
the following: ‘‘The Secretary of Homeland Se-16
curity may detain an alien provided temporary 17
protected status under this section whenever 18
appropriate under any other provision of law.’’. 19
(h) S
PECIALIMMIGRANTJUVENILEVISAS.—Section 20
101(a)(27)(J)(iii) of the Immigration and Nationality Act 21
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 22
(1) in subclause (I), by striking ‘‘and’’; 23
(2) in subclause (II), by adding ‘‘and’’ at the 24
end; and 25
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(3) by adding at the end the following: 1
‘‘(III) no alien who is, or at any 2
time has been, described in section 3
212(a)(2)(J) or section 237(a)(2)(G) 4
shall be eligible for any immigration 5
benefit under this subparagraph;’’. 6
(i) P
AROLE.—An alien described in section 7
212(a)(2)(J) of the Immigration and Nationality Act, as 8
added by subsection (b), shall not be eligible for parole 9
under section 212(d)(5)(A) of such Act unless— 10
(1) the alien is assisting or has assisted the 11
United States Government in a law enforcement 12
matter, including a criminal investigation; and 13
(2) the alien’s presence in the United States is 14
required by the Government with respect to such as-15
sistance. 16
(j) I
NELIGIBILITY FOROTHERRELIEF.—An alien 17
described in section 212(a)(2)(J) or 237(a)(2)(G) of the 18
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(J) 19
or 1227(a)(2)(G)) shall be ineligible for any other relief 20
under the immigration laws, including under section 2242 21
of the Omnibus Consolidated and Emergency Supple-22
mental Appropriations Act, 1999 (and any regulations 23
issued pursuant to such section). 24
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(k) EFFECTIVEDATE.—The amendments made by 1
this section shall take effect on the date of the enactment 2
of this Act and shall apply to acts that occur before, on, 3
or after the date of the enactment of this Act. 4
Æ
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