Sec. 7. Grounds of inadmissibility and deportability for alien gang members
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Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons that has as one of its primary purposes the commission of 1 or more of the following criminal offenses and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses, or that has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting these criteria.
The offenses described, whether in violation of Federal or State law or foreign law and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following: A felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). An offense under section 274 (related to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose).
A crime of violence (as defined in section 16 of title 18, United States Code). A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. Any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property).
A conspiracy to commit an offense described in clauses
(i)through (v). Notwithstanding any other provision of law (including any effective date), the term applies regardless of whether the conduct occurred before, on, or after the date of enactment of this paragraph. . Section 212(a)(2) of such Act ( 8 U.S.C. 1182(a)(2) ), is amended by adding at the end the following: Any alien is inadmissible who a consular officer, the Secretary of Homeland Security, or the Attorney General knows or has reason to believe— to be or to have been a member of a criminal gang (as defined in section 101(a)(53)); or to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . Section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ), is amended by adding at the end the following: Any alien is deportable who the Secretary of Homeland Security or the Attorney General knows or has reason to believe— is or has been a member of a criminal gang (as defined in section 101(a)(53)); or has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang. . The Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after section 219 the following: The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, may designate a group or association as a criminal street gang if its conduct is described in section 101(a)(53) or if the group or association conduct poses a significant risk that threatens the security and the public safety, national security, homeland security, foreign policy, or economy of the United States. Designations under subsection
(a)shall remain in effect until the designation is revoked after consultation between the Secretary of Homeland Security, the Attorney General, and the Secretary of State or is terminated in accordance with Federal law. The Secretary shall notify the Senate Judiciary Committee and the House Judiciary Committee of any revocation of designation at least 30 days before the revocation takes effect. . The table of contents for such Act is amended by inserting after the item relating to section 219 the following: Sec. 220. Designation of criminal street gang. . . Section 236(c)(1)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1)(D) ) is amended— by inserting or 212(a)(2)(J), after 212(a)(3)(B) ; and by inserting or 237(a)(2)(G), before 237(a)(4)(B) . Not later than 180 days after the end of each fiscal year, the Secretary of Homeland Security, after consultation with the Department of Justice, shall submit a report to the Committees on the Judiciary of the House of Representatives and of the Senate on the number of aliens detained under the amendments made by paragraph (1). Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1251(b)(3)(B) ) is amended, in the matter preceding clause (i), by inserting who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is following to an alien . Section 208(b)(2)(A) of such Act ( 8 U.S.C. 1158(b)(2)(A) ) is amended— in clause (v), by striking or at the end; by redesignating clause
(vi)as clause (vii); and by inserting after clause
(v)the following: the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) (relating to participation in criminal street gangs); or . Section 244 of such Act ( 8 U.S.C. 1254a ) is amended— by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; in subparagraph (c)(2)(B), by adding at the end the following: the alien is, or at any time after admission has been, a member of a criminal gang (as defined in section 101(a)(53)). ; and in subsection (d)— by striking paragraph
(3)and redesignating paragraph
(4)as paragraph (3); and in paragraph (3), as redesignated, by adding at the end the following: The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law. . The amendments made by this section shall take effect on the date of the enactment of this Act.
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Sec. 7
Grounds of inadmissibility and deportability for alien gang members
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