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US HR98

US HR98
Criminal Alien Gang Member Removal Act


summary

Introduced
01/03/2019
In Committee
01/03/2019
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

116th Congress

Bill Summary

To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes. This bill makes aliens associated with criminal gangs inadmissible for entry into the United States and deportable, and establishes procedures related to designating groups with criminal gang status. An alien 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 alien 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 shall be subject to mandatory detention, shall not be eligible for asylum, temporary protected status, or special immigrant juvenile visas and shall not be eligible for 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 the commission of specified criminal offenses and the members of which engage or have engaged within the past five years in a continuing series of such offenses, or (2) that has been designated as a criminal gang by DHS. The bill establishes procedures for DHS to designate a group such status, including notification to Congress, publication in the Federal Register, and an opportunity for the group to petition for administrative and judicial review.

AI Summary

This bill amends the Immigration and Nationality Act to make aliens associated with criminal gangs inadmissible for entry into the United States and deportable. It defines a "criminal gang" as a group of five or more persons where one of the primary purposes is the commission of certain criminal offenses, or that has been designated as such by the Department of Homeland Security (DHS). The bill establishes procedures for DHS to designate a group as a criminal gang, including notification to Congress and opportunities for administrative and judicial review. It also mandates the detention of aliens who are members of or have participated in criminal gangs, and makes them ineligible for asylum, temporary protected status, and special immigrant juvenile visas, as well as restricts their ability to be paroled into the United States unless they are assisting the government in a law enforcement matter.

Committee Categories

Justice

Sponsors (3)

Last Action

Referred to the Subcommittee on Immigration and Citizenship. (on 01/03/2019)

bill text


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