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US S2380

US S2380
Criminal Alien Gang Member Removal Act


summary

Introduced
02/06/2018
In Committee
02/06/2018
Crossed Over
Passed
Dead
12/31/2018

Introduced Session

115th Congress

Bill Summary

Criminal Alien Gang Member Removal Act This bill amends the Immigration and Nationality Act to make an alien: (1) inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice (DOJ) knows or has reason to believe that such person is or has been a member of a criminal gang or has participated in criminal gang activities; and (2) deportable if such person is or has been a member of a criminal gang or has participated in criminal gang activities. A "criminal gang" is defined as an ongoing group, club, organization, or association of five or more persons (group): (1) one of the primary purposes of which is the commission of one or more 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. DHS may: (1) designate a group as a criminal gang based upon its conduct, and (2) revoke a designation for national security interests or if the group no longer conducts such criminal activities. Such designation shall be effective until revoked or judicially set aside. Congress may block or revoke a designation. A group may file a petition for revocation: (1) prior to designation, with DHS, and (2) after designation, with the U.S. Court of Appeals, DC Circuit. The bill: (1) provides for mandatory detention of alien gang members; and (2) makes alien gang members ineligible for asylum, temporary protected status, special immigrant juvenile status, and parole (unless such an alien is assisting the United States in a law enforcement matter).

AI Summary

This bill amends the Immigration and Nationality Act to make aliens who are members of or have participated in the activities of a "criminal gang" inadmissible and deportable. A "criminal gang" is defined as an ongoing group of 5 or more persons that has as one of its primary purposes the commission of certain specified criminal offenses. The Secretary of Homeland Security, in consultation with the Attorney General, can designate a group as a "criminal gang" if their conduct meets the criteria. The bill also provides for mandatory detention of alien gang members and makes them ineligible for asylum, temporary protected status, special immigrant juvenile status, and parole (unless assisting the U.S. in a law enforcement matter).

Committee Categories

Justice

Sponsors (2)

Last Action

Read twice and referred to the Committee on the Judiciary. (on 02/06/2018)

bill text


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