Sec. 1511. Gang membership, removal, and increased criminal penalties related to gang violence

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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 any ongoing group, club, organization, or association, inside or outside the United States, of 2 or more persons that— has, as 1 of its primary purposes, the commission of 1 or more of the criminal offenses described in 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, in consultation with the Attorney General, as meeting the criteria set forth in clause (i). The offenses described in 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 Strong Visa Integrity Secures America Act , are the following: Any aggravated felony. A felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). Any criminal offense described in section 212 or 237. 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 of the offense, 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 of the offense, 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. 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 Strong Visa Integrity Secures America Act . . Section 212(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) ) is amended by adding at the end the following: Any alien who a consular officer, the Secretary, or the Attorney General knows or has reasonable ground to believe— to be or to have been a member of a criminal gang; or to have participated in the activities of a criminal gang, knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang, is inadmissible. Clause

(i)shall not apply to an alien— who did not know, or should not reasonably have known, of the activity causing the alien to be found inadmissible under this section; or whom the consular officer or the Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.. . 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 who the Secretary or the Attorney General knows or has reason to believe— is or has been a member of a criminal gang; or has participated in the activities of a criminal gang, knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang, is deportable. Clause

(i)shall not apply to an alien— who did not know, or should not reasonably have known, of the activity causing the alien to be found deportable under this section; or whom the consular or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found deportable under this section.. . 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, 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, 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 a report to the Committee on Homeland Security and Governmental Affairs of the Senate , the Committee on the Judiciary of the Senate , the Committee on Homeland Security of the House of Representatives , and the Committee on the Judiciary of the House of Representatives on the number of aliens detained who are described in section 212(a)(2)(J) and section 237(a)(2)(G) 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). Section 241(b)(3)(B) 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 . Section 208(b)(2)(A) 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); 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 ; and by amending clause (vii), as redesignated, to read as follows: the alien was firmly resettled in another country before arriving in the United States, which shall be considered evidence that the alien can live in such country (in any legal status) without fear of persecution. . Section 240A(c) of the Immigration and Nationality Act ( 8 U.S.C. 1229b(c) ) is amended by adding at the end the following: An alien who is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i)( relating to participation in criminal gangs). . Section 240B(c) of the Immigration and Nationality Act ( 8 U.S.C. 1229c(c) ) is amended to read as follows: The Attorney General shall not permit an alien to depart voluntarily under this section if the alien— was previously permitted to depart voluntarily after having been found inadmissible under section 212(a)(6)(A); or is described in section 212(a)(2)(J)(i) or 237(a)(2)(G)(i)(relating to participation in criminal gangs). . 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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