Sec. 4. Criminal gang members and supporters disqualified from good moral character provision
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/bill/117/hr/1995/ih/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(f) of the Immigration and Nationality Act ( 8 U.S.C. 1101(f) ) is amended— in paragraph (8), by striking or at the end; in paragraph (9), by striking the period at the end and inserting ; or ; by inserting after paragraph (9), the following: one whom the Secretary of Homeland Security or the Attorney General determines, in the unreviewable discretion of the Secretary of Homeland Security or the Attorney General, to be an alien who— is or has ever been a member, associate or affiliate of, or who has ever provided material support to, a criminal gang; 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, United States Code); or has been convicted of or has admitted committing the essential elements of the following offenses— a felony drug offense (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )); or has engaged in conduct punishable under section 274, 277, or 278; or committed a crime of violence (as defined in section 16 of title 18, United States Code); or committed a crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary; or engaged in conduct punishable under section 1028 or 1029, and sections 1541 through 1546 of title 18, United States Code; or engaged in conduct punishable under sections 1581 through 1594 of title 18, United States Code; or engaged in conduct punishable under sections 1951, 1952, 1956, and 1957 of title 18, United States Code; or engaged in conduct punishable under sections 2312 through 2315 of title 18, United States Code; or attempted to engage in an offense described in paragraphs
(1)through
(8)above, or engaged in conduct punishable under sections 2 through 4, and sections 371 through 373 of title 18, United States Code, in furtherance of such an offense. ; and by adding at the end, at the end of the matter following paragraph
(10)(as inserted in this section), the following: An alien shall be deemed to have . admitted the essential elements of an offense 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. A determination by the Secretary of Homeland Security or Attorney General that an alien does not exhibit good moral character based on gang membership, association, affiliation, or provision of material support, may be based upon any relevant information or evidence, including classified, law enforcement sensitive, or national security information and shall be binding upon any court regardless of the applicable standard of review.
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Sec. 4
Criminal gang members and supporters disqualified from good moral character provision
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