Sec. 5. Prohibition against filing
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/bill/116/hr/1106/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No person who— is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal gang as defined in section 101 of the Immigration and Nationality Act; is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal street gang as defined in section 520 of title 18 of the United States Code; or has been convicted of or has admitted the essential elements of an offense as specified in subsection (b), shall be permitted to file an application or petition, or submit an affidavit of support, on behalf of an alien under any provision of the immigration laws, nor shall such person be permitted to assume custodial care for an unaccompanied alien minor.
Offenses which disqualify a person under subsection
(a)are— a felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); conduct punishable under section 274, 277, or 278 of the Immigration and Nationality Act; 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; conduct punishable under section 1028 or 1029, and sections 1541 through 1546 of title 18 of the United States Code; conduct punishable under sections 1581 through 1594 of title 18 of the United States Code; sections 1951, 1952, 1956, and 1957 of title 18 of the United States Code; sections 2312 through 2315 of title 18 of the United States Code; or any attempt to engage in an offense described in paragraphs
(1)through
(8)above, or conduct punishable under sections 2 through 4, and sections 371 through 373 of title 18 of the United States Code in furtherance of such an offense. A person shall be deemed to have admitted the essential elements of an offense within the meaning of subsection (a)(3) upon an oral or written statement to such effect, or upon a conviction or formal finding by a competent Federal, State or local court, tribunal or military proceeding that said person has engaged in unlawful conduct whose essential elements include those that would be required for conviction of a disqualifying offense as described in subsection (b).
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Sec. 5
Prohibition against filing
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