,i  #aaeth ,,congress  #b;d ,session    
,h4 ,r4 #diif  ,,in ,,the ,,house ,,of  
,,representatives  ,february #h1        
#bjah,mr4 ,zeldin introduced the        
following bill2 which was referred to   
the ,committee on the ,judiciary  ,a    
,,bill  ,to amend the ,immigration and  
,nationality ,act to provide that       
individuals who naturalized under title 
,,iii of that ,act1 who are affiliated  
with a criminal gang1 are subject to    
revocation of citizenship1 and for other
 purposes4  #a4 ,short title ,this ,act 
may be cited as the ,protecting ,our    
,communities from ,gang ,violence ,act  
of #bjah4  #b4 ,criminal gang members   
and supporters disqualified from good   
moral character provision ,section      
#aja7;f7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aaja7;f77 is amended--  7#a7 in        
paragraph 7#h71 by striking or at the   
end2  7#b7 in paragraph 7#i71 by        
striking the period at the end and      
inserting 2 or2  7#c7 by inserting after

 paragraph 7#i71 the following3  7#aj7  
one whom the ,secretary of ,homeland    
,security or the ,attorney ,general     
determines1 in the unreviewable         
discretion of the ,secretary of         
,homeland ,security or the ,attorney    
,general1 to be an alien who--  7,a7 is 
or has ever been a member1 associate or 
affiliate of1 or who has ever provided  
material support to1 a criminal gang2   
7,b7 is or has ever been a member1      
associate or affiliate of1 or who has   
ever provided material support to1 a    
criminal street gang as defined in      
section #ebj of title #ah1 ,united      
,states ,code2 or  7,c7 has been        
convicted of or has admitted committing 
the essential elements of the following 
offenses-- 7i7 a felony drug offense 7as
 defined in section #ajb of the         
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hjb772 or  7ii7 has engaged  
in conduct punishable under section     
#bgd1 #bgg1 or #bgh of the ,immigration 
and ,nationality ,act2 or  7iii7        

committed a crime of violence 7as       
defined in section #af of title #ah1    
,united ,states ,code72 or  7iv7        
committed a crime involving obstruction 
of justice1 tampering with or           
retaliating against a witness1 victim1  
or informant1 or burglary2 or  7v7      
engaged in conduct punishable under     
section #ajbh or #ajbi1 and sections    
#aeda through #aedf of title #ah1       
,united ,states ,code2 or  7vi7 engaged 
in conduct punishable under sections    
#aeha through #aeid of title #ah1       
,united ,states ,code2 or  7vii7 engaged
 in conduct punishable under sections   
#aiea1 #aieb1 #aief1 and #aieg of title 
#ah1 ,united ,states ,code2 or  7viii7  
engaged in conduct punishable under     
sections #bcab through #bcae of title   
#ah1 ,united ,states ,code2 or  7ix7    
attempted to engage in an offense       
described in paragraphs 7#a7 through    
7#h7 above1 or engaged in conduct       
punishable under sections #b through #d1
 and sections #cga through #cgc of title

 #ah1 ,united ,states ,code1 in         
furtherance of such an offense4  2 and  
7#d7 by adding at the end1 at the end of
 the matter following paragraph 7#aj7   
7as inserted in this section71 the      
following3 ,an alien shall be deemed to 
have admitted the essential elements of 
an offense upon an oral or written      
statement to such effect1 or upon a     
conviction or formal finding by a       
competent ,federal1 ,state or local     
court1 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 offense4 
,a determination by the ,secretary of   
,homeland ,security or ,attorney        
,general that an alien does not exhibit 
good moral character based on gang      
membership1 association1 affiliation1 or
 provision of material support1 may be  
based upon any relevant information or  
evidence1 including classified1 law     
enforcement sensitive1 or national      

security information and shall be       
binding upon any court regardless of the
 applicable standard of review44  #c4   
,definition of criminal gang ,section   
#aja7;a7 of the ,immigration and        
,nationality ,act 7#h ,u4,s4,c4         
#aaja7;a77 is amended by adding at the  
end the following3  7#ec7 ,the term     
criminal gang means an ongoing group1   
club1 organization1 or association of   
five or more persons that has as one of 
its primary purposes the commission of  
one or more of the following criminal   
offenses and the members of which       
engage1 or have engaged within the past 
#e years1 in a continuing series of such
 offenses1 or that has been designated  
as a criminal gang by the ,secretary of 
,homeland ,security1 in consultation    
with the ,attorney ,general1 as meeting 
these criteria4 ,the offenses described1
 whether in violation of ,federal or    
,state law or foreign law and regardless
 of whether the offenses occurred       
before1 on1 or after the date of the    

enactment of this paragraph1 are the    
following3  7,a7 ,a felony drug offense 
7as defined in section #ajb of the      
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hjb774  7,b7 ,an offense     
under section #bgd 7relating to bringing
 in and harboring certain aliens71      
section #bgg 7relating to aiding or     
assisting certain aliens to enter the   
,united ,states71 or section #bgh       
7relating to importation of alien for   
immoral purpose74  7,c7 ,a crime of     
violence 7as defined in section #af of  
title #ah1 ,united ,states ,code74  7,d7
 ,a crime involving obstruction of      
justice1 tampering with or retaliating  
against a witness1 victim1 or informant1
 or burglary4  7,e7 ,any conduct        
punishable under sections #ajbh and     
#ajbi of title #ah1 ,united ,states     
,code 7relating to fraud and related    
activity in connection with             
identification documents or access      
devices71 sections #aeha through #aeid  
of such title 7relating to peonage1     

slavery1 and trafficking in persons71   
section #aiea of such title 7relating to
 interference with commerce by threats  
or violence71 section #aieb of such     
title 7relating to interstate and       
foreign travel or transportation in aid 
of racketeering enterprises71 section   
#aief of such title 7relating to the    
laundering of monetary instruments71    
section #aieg of such title 7relating to
 engaging in monetary transactions in   
property derived from specified unlawful
 activity71 or sections #bcab through   
#bcae of such title 7relating to        
interstate transportation of stolen     
motor vehicles or stolen property74     
7,f7 ,a conspiracy to commit an offense 
described in subparagraphs 7,a7 through 
7,e74  4  #d4 ,prohibition against      
filing  7a7 ,in general ,no person who--
  7#a7 is or has ever been a member1    
associate or affiliate of1 or who has   
ever provided material support to1 a    
criminal gang as defined in section #aja
 of the ,immigration and ,nationality   

,act2  7#b7 is or has ever been a       
member1 associate or affiliate of1 or   
who has ever provided material support  
to1 a criminal street gang as defined in
 section #ebj of title #ah of the       
,united ,states ,code2 or  7#c7 has been
 convicted of or has admitted the       
essential elements of an offense as     
specified in subsection 7b71  shall be  
permitted to file an application or     
petition1 or submit an affidavit of     
support1 on behalf of an alien under any
 provision of the immigration laws1 nor 
shall such person be permitted to assume
 custodial care for an unaccompanied    
alien minor4  7b7 ,disqualifying        
offenses ,offenses which disqualify a   
person under subsection 7a7 are-- 7#a7 a
 felony drug offense 7as defined in     
section #ajb of the ,controlled         
,substances ,act 7#ba ,u4,s4,c4 #hjb772 
7#b7 conduct punishable under section   
#bgd1 #bgg1 or #bgh of the ,immigration 
and ,nationality ,act2  7#c7 a crime of 
violence 7as defined in section #af of  

title #ah1 ,united ,states ,code72  7#d7
 a crime involving obstruction of       
justice1 tampering with or retaliating  
against a witness1 victim1 or informant1
 or burglary2  7#e7 conduct punishable  
under section #ajbh or #ajbi1 and       
sections #aeda through #aedf of title   
#ah of the ,united ,states ,code2  7#f7 
conduct punishable under sections #aeha 
through #aeid of title #ah of the       
,united ,states ,code2  7#g7 sections   
#aiea1 #aieb1 #aief1 and #aieg of title 
#ah of the ,united ,states ,code2  7#h7 
sections #bcab through #bcae of title   
#ah of the ,united ,states ,code2 or    
7#i7 any attempt to engage in an offense
 described in paragraphs 7#a7 through   
7#h7 above1 or conduct punishable under 
sections #b through #d1 and sections    
#cga through #cgc of title #ah of the   
,united ,states ,code in furtherance of 
such an offense4  7c7 ,admission of     
essential elements of an offense ,a     
person shall be deemed to have admitted 
the essential elements of an offense    

within the meaning of subsection 7a77#c7
 upon an oral or written statement to   
such effect1 or upon a conviction or    
formal finding by a competent ,federal1 
,state or local court1 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 7b74  #e4 ,denaturalization  
of criminal gang members and supporters 
,section #cdj of the ,immigration and   
,nationality ,act 7#h ,u4,s4,c4 #adea7  
is amended by striking subsection 7c7   
and inserting the following language3   
7c7 ,membership in certain              
organizations2 prima facie evidence     
7#a7 ,in general ,if a person who shall 
have been naturalized after ,december   
#bd1 #aieb1 shall within #aj years      
following such naturalization become a  
member of or affiliated with any        
organization1 membership in or          
affiliation with which at the time of   

naturalization would have precluded such
 person from naturalization under the   
provisions of section #cac1 it shall be 
considered prima facie evidence that    
such person was not attached to the     
principles of the ,constitution of the  
,united ,states and was not well        
disposed to the good order and happiness
 of the ,united ,states at the time of  
naturalization1 and1 in the absence of  
countervailing evidence1 it shall be    
sufficient in the proper proceeding to  
authorize the revocation and setting    
aside of the order admitting such person
 to citizenship and the cancellation of 
the certificate of naturalization as    
having been obtained by concealment of a
 material fact or by willful            
misrepresentation1 and such revocation  
and setting aside of the order admitting
 such person to citizenship and such    
canceling of certificate of             
naturalization shall be effective as of 
the original date of the order and      
certificate1 respectively4  7#b7        

,organization1 membership in or         
affiliation with which at the time of   
naturalization would have precluded such
 person from naturalization ,the phrase 
any organization1 membership in or      
affiliation with which at the time of   
naturalization would have precluded such
 person from naturalization shall be    
deemed to include an alien who--  7,a7  
is or has ever been a member1 associate 
or affiliate of1 or who has ever        
provided material support to1 a criminal
 gang2  7,b7 is or has ever been a      
member1 associate or affiliate of1 or   
who has ever provided material support  
to1 a criminal street gang as defined in
 section #ebj of title #ah of the       
,united ,states ,code2 or  7,c7 has been
 convicted of or has admitted committing
 the essential elements of the following
 offenses-- 7i7 a felony drug offense   
7as defined in section #ajb of the      
,controlled ,substances ,act 7#ba       
,u4,s4,c4 #hjb772  7ii7 has engaged in  
conduct punishable under section #bgd1  

#bgg1 or #bgh2  7iii7 committed a crime 
of violence 7as defined in section #af  
of title #ah1 ,united ,states ,code72   
7iv7 committed a crime involving        
obstruction of justice1 tampering with  
or retaliating against a witness1       
victim1 or informant1 or burglary2  7v7 
engaged in conduct punishable under     
section #ajbh or #ajbi1 and sections    
#aeda through #aedf of title #ah of the 
,united ,states ,code2  7vi7 engaged in 
conduct punishable under sections #aeha 
through #aeid of title #ah of the       
,united ,states ,code2 or engaged in    
conduct punishable under sections #aiea1
 #aieb1 #aief1 and #aieg of title #ah of
 the ,united ,states ,code2  7vii7      
engaged in conduct punishable under     
sections #bcab through #bcae of title   
#ah of the ,united ,states ,code2 or    
7viii7 attempted to engage in an offense
 described in clauses 7i7 through 7viii7
 above1 or engaged in conduct punishable
 under sections #b through #d1 and      
sections #cga through #cgc of title #ah 

of the ,united ,states ,code in         
furtherance of such an offense4  7#c7   
,deemed to have admitted ,an alien shall
 be deemed to have admitted the         
essential elements of an offense within 
the meaning of paragraph 7#b77;,c7 upon 
an oral or written statement to such    
effect1 or upon a conviction or formal  
finding by a competent ,federal1 ,state 
or local court1 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 offense4  4  #f4          
,effective date and application ,the    
amendments made by this ,act shall take 
effect on the date of the enactment1    
shall apply to any act that occurred    
before1 on1 or after the date of        
enactment1 and shall apply to any       
application for naturalization or any   
other benefit or relief1 or any other   
case or matter under the immigration    
laws pending on or filed after the date 

of enactment of this ,act4