Sec. 5. Grounds of inadmissibility and deportability for alien members of criminal gangs or cartels
3,163 words·~14 min read·
/bill/115/s/2199/pcs/section-5A 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 striking the subsection designation and all that follows through this Act— and inserting the following: In this Act: ; and by adding at the end the following: The term criminal gang or cartel means an ongoing group, club, organization, or association comprised of 5 or more individuals— that has as a primary purpose the commission of 1 or more of the criminal offenses described in section 220(b)(2); and the members of which engage, or have engaged during the 5 years immediately preceding the most recent commission of an offense described in section 220(b)(2), in a continuing series of offenses described in section 220(b)(2); or that has been designated as a criminal gang or cartel under section 220(b)(1). .
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 is inadmissible who a consular officer, 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 or cartel; or has participated in any activity of a criminal gang or cartel, knowing or having reason to know that the activity would promote, further, aid, or support the illegal activity of the criminal gang or cartel. .
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— is or has been a member of a criminal gang or cartel; or has participated in any activity of a criminal gang or cartel, knowing or having reason to know that the activity would promote, further, aid, or support the illegal activity of the criminal gang or cartel. . Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1182 et seq.) is amended by inserting after section 219 the following:
In this section: The term classified information has the meaning given the term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.). The term national security means the national defense, foreign relations, or economic interests of the United States. The term relevant committees means— the Committee on the Judiciary of the Senate; and the Committee on the Judiciary of the House of Representatives; and The term Secretary means the Secretary of Homeland Security, in consultation with the Attorney General.
The Secretary may designate as a criminal gang or cartel a group, club, organization, or association comprised of 5 or more individuals if the Secretary makes a determination that— the group, club, organization, or association has as a primary purpose the commission of 1 or more criminal offenses described in paragraph (2); and the members of the group, club, organization, or association engage, or, during the 5 years immediately preceding the most recent commission of an offense described in section 220(b)(2), have engaged in a continuing series of offenses described in paragraph (2).
The criminal offenses described in this paragraph, whether committed in violation of Federal, State, or foreign law and regardless of whether an offense occurred before, on, or after the date of enactment of this section, are the following: A felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). An offense described in section 274 (relating to bringing in and harboring certain aliens). An offense described in section 277 (relating to aiding or assisting certain aliens to enter the United States).
An offense described in section 278 (relating to importation of an alien for an 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 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 that title (relating to peonage, slavery, and trafficking in persons); section 1951 of that title (relating to interference with commerce by threats or violence); section 1952 of that title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises); section 1956 of that title (relating to the laundering of monetary instruments); section 1957 of that title (relating to engaging in monetary transactions in property derived from specified unlawful activity); or sections 2312, 2313, 2314, or 2315 of that title (relating to interstate transportation of stolen motor vehicles or stolen property).
A conspiracy to commit an offense described in subparagraphs
(A)through (G). Not later than 7 days before the date on which the Secretary designates a criminal gang or cartel under this subsection, the Secretary shall submit to the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees, by classified communication, a notice of intent to designate the criminal gang or cartel that describes the factual basis for the designation. Not later than 7 days after the date described in subparagraph (A), the Secretary shall publish notice of the designation in the Federal Register. In making a designation under this subsection, the Secretary shall develop an administrative record. In making a designation under this subsection, the Secretary may consider classified information, which, except as provided in clause (ii), shall not be subject to disclosure for any period during which the classified information remains classified. For purposes of judicial review under subsection (d), classified information referred to in clause
(i)may be disclosed to a court ex parte and in camera. A designation under this subsection shall be effective until the date on which the designation— is revoked under paragraph (7); or set aside under subsection (d). The Secretary shall review the designation of a criminal gang or cartel under the procedures described in clauses
(iii)and
(iv)if the criminal gang or cartel submits to the Secretary a petition for review not later than— in the case of a designated criminal gang or cartel that has not previously submitted a petition for review under this subparagraph, the date that is 2 years after the date on which the Secretary makes the designation; and in the case of a designated criminal gang or cartel that has previously submitted a petition for review under this subparagraph, the date that is 2 years after the date on which the Secretary made a determination under clause
(iv)on the most recent petition for review submitted by the criminal gang or cartel. Any group, club, organization, or association designated as criminal gang or cartel that submits a petition for review under this subparagraph shall include in the petition evidence that the group, club, organization, or association does not meet the criteria for designation as a criminal gang or cartel under paragraph (1). Not later than 180 days after the date on which the Secretary receives a petition for review under this subparagraph, the Secretary shall make a determination on the petition. In making a determination on a petition for review under this subparagraph, the Secretary may consider classified information, which, except as provided in item (bb), shall not be subject to disclosure for any period during which the classified information remains classified. For purposes of judicial review under subsection (d), classified information referred to in item
(aa)may be disclosed to a court ex parte and in camera. Not later than 90 days after the date on which the Secretary makes a determination on a petition for review under this clause, the Secretary shall publish the determination in the Federal Register. A revocation of a designation by the Secretary in accordance with a determination under this subparagraph shall be made in accordance with paragraph (7). Not later than 5 years after the date on which the Secretary designates a criminal gang or cartel under paragraph (1), in the case of a criminal gang or cartel for which a review has not been carried out under subparagraph (A), the Secretary shall initiate a review of the designation to determine whether to revoke the designation under paragraph (7). A review initiated by the Secretary under clause
(i)shall be carried out in accordance with such procedures determined by the Secretary to be appropriate. A review under subclause
(I)and the procedures established under that subclause shall not be subject to judicial review. Not later than 90 days after the date on which the Secretary makes a determination based on a review under this subparagraph, the Secretary shall publish the determination in the Federal Register. With respect to a designation under paragraph (1), the Secretary— may revoke the designation at any time; and shall revoke the designation if, on completion of a review carried out under paragraph (6), the Secretary determines that— the criminal gang or cartel does not meet the criteria for designation as a criminal gang or cartel under paragraph (1); or the national security or the law enforcement interests of the United States warrants a revocation. Not later than 7 days before revoking a designation under paragraph (A), the Secretary shall submit to the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees, by classified communication, a notice of intent to revoke the designation describing the basis for the revocation. Not later than 7 days after the date described in subparagraph (B), the Secretary shall publish a notice of revocation in the Federal Register. In revoking a designation under this paragraph, the Secretary shall develop an administrative record. In revoking a designation under this paragraph, the Secretary may consider classified information, which, except as provided in subclause (II), shall not be subject to disclosure for any period during which the classified information remains classified. For purposes of judicial review under subsection (d), classified information referred to in subclause
(I)may be disclosed to a court ex parte and in camera. A revocation under this paragraph shall take effect— on the date specified in the notice of revocation published under subparagraph (C); or if a date is not specified in the notice of revocation, on the date on which the notice of revocation is published in the Federal Register. A revocation under paragraph
(7)shall not affect any action or proceeding based on conduct that occurs before the effective date of the revocation. The Attorney General shall not allow an alien in removal proceedings to raise, as a defense or an objection, a question relating to the validity of a designation under paragraph (1). With respect to a designation under subsection (b)(1), the Secretary may modify the designation if the Secretary determines that the criminal gang or cartel has— changed name; adopted a new alias; dissolved and reestablished under 1 or more different names; or merged with another criminal gang or cartel. Not later than 7 days before the date on which the Secretary modifies the designation of a criminal gang or cartel under this subsection, the Secretary shall submit to the Speaker and minority leader of the House of Representatives, the President pro tempore, majority leader, and minority leader of the Senate, and the members of the relevant committees, by classified communication, a notice of intent to modify the designation describing the factual basis for the modification. Not later than 7 days after the date described in subparagraph (A), the Secretary shall publish notice of the modification in the Federal Register. In modifying a designation under this subsection, the Secretary may consider classified information, which, except as provided in clause (ii), shall not be subject to disclosure for any period during which the classified information remains classified. For purposes of judicial review under subsection (d), classified information referred to in clause
(i)may be disclosed to a court ex parte and in camera. Any modification under this subsection shall take effect on the date of publication of the modification under subparagraph (B). The administrative record developed under subsection (b)(4) shall be supplemented to include— any modification under this subsection; and any relevant information that supports the modification. Not later than 30 days after the date on which a designation under subsection (b)(1), a determination under subsection (b)(6)(A), or a modification under subsection
(c)is published in the Federal Register, a criminal gang or cartel may seek judicial review of the designation, determination, or modification, as applicable, in the United States Court of Appeals for the District of Columbia Circuit (referred to in this subsection as the court ). Except as provided in subparagraph (B), judicial review under this subsection shall be based only on the administrative record developed under subsection (b)(4). The Government may submit, for ex parte and in camera review, classified information used as a basis for— a designation under subsection (b)(1); a determination under subsection (b)(6)(A); or a modification under subsection (c). The court shall hold unlawful, and set aside, any designation under subsection (b)(1), determination under subsection (b)(6)(A), or modification under subsection
(c)that is, as determined by the court— arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitation; short of statutory right; lacking substantial support— in the administrative record, taken into consideration as a whole; or in classified information submitted to the court under paragraph (2)(B); or not in accordance with a procedure required by law. The pendency of an action for judicial review under this subsection shall not affect the application of this section to a criminal gang or cartel unless the court issues a final order setting aside the designation, determination, or modification. . The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 note) is amended by inserting after the item relating to section 219 the following: Sec. 220. Designation of a criminal gang or cartel. . Section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended— in subparagraph (A), by striking the comma at the end and inserting a semicolon; in subparagraph (B), by striking the comma at the end and inserting a semicolon; in subparagraph (C), by striking , or and inserting a semicolon; in subparagraph (D), by striking the comma at the end and inserting ; or ; and by inserting after subparagraph
(D)the following: is inadmissible under section 212(a)(2)(J) or deportable under section 237(a)(2)(G), . Not later than March 1 of each year (beginning 1 year after the date of enactment of this Act), the Secretary, after consultation with the appropriate Federal agencies, shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that includes the number of aliens detained under subparagraph
(E)of section 236(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) during the preceding calendar year. Section 241(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3)(B) ) is amended— by redesignating clauses
(i)through
(iv)as items
(aa)through (dd), respectively, and indenting the items appropriately; in the matter preceding item
(aa)(as so redesignated), by striking apply to an alien deportable under section 237(a)(4)(D) or if the Attorney General decides that— and inserting the following: “apply— to an alien— described in section 212(a)(2)(J)(i); described in section 237(a)(2)(G)(i); or who is deportable under section 237(a)(4)(D); or if the Attorney General determines that— ; and in the undesignated matter following item
(dd)(as so redesignated)— in the first sentence, by striking clause
(ii)and inserting item
(bb); and in the third sentence, by striking clause
(iv)and inserting item
(dd). 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 and inserting a semicolon; 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); or . Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a ) is amended— by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; in subsection (c)(2)(B)— in clause (i), by striking , or and inserting a semicolon; in clause (ii), by striking the period at the end and inserting ; or ; and by adding at the end the following: the alien is described in section 212(a)(2)(J) or section 237(a)(2)(G). ; and in subsection (d)— in paragraph (2)— in the first sentence, by striking Subject to paragraph (3), such documentation and inserting The documentation referred to in paragraph
(1); and in the second sentence, by striking (under paragraph (3)) ; by striking paragraph (3); by redesignating paragraph
(4)as paragraph (3); and in paragraph
(3)(as so redesignated), by striking An alien provided and inserting the following: Except as provided in subparagraph (B), the Secretary of Homeland Security may detain an alien provided temporary protected status under this section, as determined by the Secretary to be appropriate under the law. An alien provided . Section 244(b)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b)(3)(B) ) is amended in the second sentence by striking is effective in accordance with subsection (d)(3), but . Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(J)(iii) ) is amended— in subclause (I), by striking ; and and inserting a semicolon; in subclause (II), by striking the semicolon at the end and inserting ; and ; and by adding at the end the following: no alien described in section 212(a)(2)(J) or section 237(a)(2)(G) shall be eligible for any immigration benefit under this subparagraph; . Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended— by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; by striking the paragraph designation and all that follows through in his discretion in subparagraph
(A)and inserting the following: Except as provided in subparagraphs
(B)and
(C)and in section 214(f), the Secretary of Homeland Security may ; and by adding at the end the following: Except as provided in clause (ii), the Secretary of Homeland Security shall not parole into the United States an alien described in section 212(a)(2)(J). The Secretary of Homeland Security may parole into the United States an alien described in section 212(a)(2)(J) if— the alien is assisting or has assisted the Government in a law enforcement matter, including a criminal investigation; and the presence of the alien in the United States is required by the Government for purposes of such assistance. . The amendments made by this section shall apply to conduct that occurs before, on, or after the date of enactment of this Act.
Connectionstraces to 8
Citation graph
cites case law
Sec. 5
Grounds of inadmissibility and deportability for alien members of criminal gangs or cartels
Cites 8Cited by 0 across 0 sources