Sec. 511. Gang membership, removal, and increased criminal penalties related to gang violence

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by inserting after subparagraph

(52)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 criminal offenses set out under subparagraph

(B)and the members of which engage, or have engaged within the past 5 years, in a continuing series of such offenses; or has been designated as a criminal gang by the Secretary of Homeland Security, in consultation with the Attorney General, as meeting criteria set out in clause (i). The offenses described under this subparagraph, whether in violation of Federal or State law or the law of a foreign country and regardless of whether the offenses occurred before, on, or after the date of the enactment of the Building America’s Trust Act, are the following: A felony drug offense (as that term is defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). An offense involving illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, United States Code). An offense under section 274 (relating 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). Any offense under Federal, State, or Tribal law, that has, as an element, the use or attempted use of physical force or the threatened use of physical force or a deadly weapon. Any offense that has as an element the use, attempted use, or threatened use of any physical object to inflict or cause (either directly or indirectly) serious bodily injury, including an injury that may ultimately result in the death of a person. An offense involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary. Any conduct punishable under section 1028 or 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), a group, club, organization, or association shall be considered a criminal gang regardless of whether the conduct occurred before, on, or after the date of the enactment of the Building America’s Trust Act . . Paragraph

(2)of section 212(a) of the Immigration and Nationality 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. . Paragraph

(2)of section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a)(2) ) is amended by adding at the end the following: Any alien 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 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, is deportable. . Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq.) is amended by adding at the end 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 gang if their conduct is described in section 101(a)(53) or if the group's or association's conduct poses a significant risk that threatens the security and the public safety of United States nationals or the 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 table of contents in the first section of the Immigration and Nationality Act is amended by inserting after the item relating to section 219 the following: “220. Designation of criminal gangs.” Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary, after consultation with the heads of appropriate Federal agencies, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives a report on the number of aliens detained who are described by subparagraph

(J)of section 212(a)(2) and subparagraph

(G)of section 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(J) and 1227(a)(2)(G)), as added by subsections

(b)and (c). Subparagraph

(B)of section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(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 after to an alien . Subparagraph

(A)of section 208(b)(2) of the Immigration and Nationality 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 gangs); or . Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) is amended— by striking Attorney General each place that term appears and inserting Secretary ; in subsection (c)(2)(B)— in clause (i), by striking States, or and inserting States; ; in clause (ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: the alien is, or at any time after admission has been, an alien described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i). . The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to acts that occur before, on, or after the date of the enactment of this Act.

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