,,ii #aaeth ,,congress #b;d ,session ,s4 #bchj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #f1 #bjah,mr4 ,heller introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act with respect to aliens associated with criminal gangs1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,criminal ,alien ,gang ,member ,removal ,act4 #b4 ,grounds of inadmissibility and deportability for alien gang members 7a7 ,definition of gang member ,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 #e or more persons that has1 as #a of its primary purposes1 the commission of #a or more of the criminal offenses listed in subparagraphs 7,a7 through 7,f71 whether in violation of ,federal1 ,state1 or foreign law and regardless of whether the offenses occurred before1 on1 or after the date of the enactment of this paragraph1 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 such criteria4 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 7b7 ,inadmissibility ,section #bab7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77 is amended by adding at the end the following3 7,j7 ,aliens associated with criminal gangs ,any alien is inadmissible if a consular officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe that the alien-- 7i7 is or has been a member of a criminal gang2 or 7ii7 has participated in the activities of a criminal gang1 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7c7 ,deportability ,section #bcg7;a77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbg7;a77#b77 is amended by adding at the end the following3 7,g7 ,aliens associated with criminal gangs ,any alien is deportable who-- 7i7 is or has been a member of a criminal gang 7as defined in section #aja7;a77#ec772 or 7ii7 has participated in the activities of a criminal gang 7as so defined71 knowing or having reason to know that such activities will promote1 further1 aid1 or support the illegal activity of the criminal gang4 4 7d7 ,designation 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7 is amended by inserting after section #bai the following3 #bbj4 ,designation of criminal gang 7a7 ,designation 7#a7 ,in general ,the ,secretary1 in consultation with the ,attorney ,general1 may designate a group1 club1 organization1 or association of #e or more persons as a criminal gang if the ,secretary finds that their conduct is described in section #aja7;a77#ec74 7#b7 ,procedure 7,a7 ,notification ,not later than #g days before making a designation under this subsection1 the ,secretary1 by classified communication1 shall submit written notification to the ,speaker and ,minority ,leader of the ,house of ,representatives1 the ,president pro tempore1 ,majority ,leader1 and ,minority ,leader of the ,senate1 and the members of the relevant committees of the ,house of ,representatives and the ,senate of the intent to designate a group1 club1 organization1 or association of #e or more persons under this subsection and the factual basis for such designation4 7,b7 ,publication in the federal register ,not later than #g days after submitting the notification under subparagraph 7,a71 the ,secretary shall publish each designation under this subsection in the ,federal ,register4 7#c7 ,record 7,a7 ,in general ,in making a designation under this subsection1 the ,secretary shall create an administrative record4 7,b7 ,classified information ,the ,secretary may consider classified information in making a designation under this subsection4 ,classified information may not be subject to disclosure while it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7#d7 ,period of designation 7,a7 ,in general ,a designation under this subsection shall be effective for all purposes until revoked under paragraph 7#e7 or 7#f7 or set aside pursuant to subsection 7c74 7,b7 ,review of designation upon petition 7i7 ,in general ,the ,secretary shall review the designation of a criminal gang under the procedures set forth in clauses 7iii7 and 7iv7 if the designated group1 club1 organization1 or association of #e or more persons files a petition for revocation within the petition period described in clause 7ii74 7ii7 ,petition period ,for purposes of clause 7i7-- 7,i7 if the designated group1 club1 organization1 or association of #e or more persons has not previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date on which the designation was made2 or 7,,ii7 if the designated group1 club1 organization1 or association of #e or more persons has previously filed a petition for revocation under this subparagraph1 the petition period begins #b years after the date of the determination made under clause 7iv7 on that petition4 7iii7 ,procedures ,any group1 club1 organization1 or association of #e or more persons that submits a petition for revocation under this subparagraph of its designation as a criminal gang must provide evidence in that petition that the group1 club1 organization1 or association is not described in section #aja7;a77#ec74 7iv7 ,determination 7,i7 ,in general ,not later than #ahj days after receiving a petition for revocation submitted under this subparagraph1 the ,secretary shall make a determination regarding such revocation4 7,,ii7 ,classified information ,the ,secretary may consider classified information in making a determination in response to a petition for revocation4 ,classified information shall not be subject to disclosure for such time as it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7,,iii7 ,publication of determination ,a determination made by the ,secretary under this clause shall be published in the ,federal ,register4 7,,iv7 ,procedures ,any revocation by the ,secretary shall be made in accordance with paragraph 7#f74 7,c7 ,other review of designation 7i7 ,in general ,if no review has taken place under subparagraph 7,b7 during a #e-year period1 the ,secretary shall review the designation of the criminal gang in order to determine whether such designation should be revoked pursuant to paragraph 7#f74 7ii7 ,procedures ,if a review does not take place pursuant to subparagraph 7,b7 in response to a petition for revocation that is filed in accordance with that subparagraph1 a review shall be conducted pursuant to procedures established by the ,secretary4 ,the results of such review and the applicable procedures are not reviewable by any court4 7iii7 ,publication of results of review ,the ,secretary shall publish any determination made under this subparagraph in the ,federal ,register4 7#e7 ,revocation by act of congress ,the ,congress1 by an ,act of ,congress1 may block or revoke a designation made under paragraph 7#a74 7#f7 ,revocation based on change in circumstances 7,a7 ,in general ,the ,secretary may revoke a designation made under paragraph 7#a7 at any time1 and shall revoke a designation upon completion of a review conducted under subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 if the ,secretary determines that-- 7i7 the group1 club1 organization1 or association of #e or more persons that has been designated as a criminal gang is no longer described in section #aja7;a77#ec72 or 7ii7 the national security or the law enforcement interests of the ,united ,states warrants a revocation4 7,b7 ,procedure ,the procedural requirements of paragraphs 7#b7 and 7#c7 shall apply to a revocation under this paragraph4 ,any revocation shall take effect on the date specified in the revocation or upon publication in the ,federal ,register if no effective date is specified4 7#g7 ,effect of revocation ,the revocation of a designation under paragraph 7#e7 or 7#f7 shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation4 7#h7 ,use of designation in trial or hearing ,if a designation under this subsection has become effective under paragraph 7#b71 an alien in a removal proceeding may not raise any question concerning the validity of the issuance of such designation as a defense or an objection4 7b7 ,amendments to a designation 7#a7 ,in general ,the ,secretary may amend a designation under this subsection if the ,secretary determines that the group1 club1 organization1 or association of #e or more persons has changed its name1 adopted a new alias1 dissolved and then reconstituted itself under a different name or names1 or merged with another group1 club1 organization1 or association of #e or more persons4 7#b7 ,procedure ,amendments made to a designation under paragraph 7#a7 shall be effective upon publication in the ,federal ,register4 ,paragraphs 7#b71 7#d71 7#e71 7#f71 7#g71 and 7#h7 of subsection 7a7 shall also apply to an amended designation4 7#c7 ,administrative record ,the administrative record shall be corrected to include the amendments and any additional relevant information that supports such amendments4 7#d7 ,classified information ,the ,secretary may consider classified information in amending a designation in accordance with this subsection4 ,classified information shall not be subject to disclosure while it remains classified1 except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection 7c74 7c7 ,judicial review of designation 7#a7 ,in general ,not later than #cj days after publication in the ,federal ,register of a designation1 an amended designation1 or a determination in response to a petition for revocation1 the designated group1 club1 organization1 or association of #e or more persons may seek judicial review in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,basis of review ,review under this subsection shall be based solely upon the administrative record1 except that the ,government may submit1 for ex parte and in camera review1 classified information used in making the designation1 amended designation1 or determination in response to a petition for revocation4 7#c7 ,scope of review ,the ,court shall hold unlawful and set aside a designation1 amended designation1 or determination in response to a petition for revocation the court finds to be-- 7,a7 arbitrary1 capricious1 an abuse of discretion1 or otherwise not in accordance with law2 7,b7 contrary to constitutional right1 power1 privilege1 or immunity2 7,c7 in excess of statutory jurisdiction1 authority1 or limitation1 or short of statutory right2 7,d7 lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under paragraph 7#b72 or 7,e7 not in accord with the procedures required by law4 7#d7 ,judicial review invoked ,the pendency of an action for judicial review of a designation1 amended designation1 or determination in response to a petition for revocation shall not affect the application of this section1 unless the court issues a final order setting aside the designation1 amended designation1 or determination in response to a petition for revocation4 7d7 ,definitions ,as used in this section-- 7#a7 the term classified information has the meaning given that term in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 7#b7 the term national security means the national defense1 foreign relations1 or economic interests of the ,united ,states2 7#c7 the term relevant committees means the ,committees on the ,judiciary of the ,senate and of the ,house of ,representatives2 and 7#d7 the term ,secretary means the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general4 4 7#b7 ,clerical amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #bai the following3 ,sec4 #bbj4 ,designation of criminal gang4 4 7e7 ,mandatory detention of criminal gang members 7#a7 ,in general ,section #bcf7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended-- 7,a7 in subparagraph 7,a71 by striking the comma at the end and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the comma at the end and inserting a semicolon2 7,c7 in subparagraph 7,c71 by striking 1 or at the end and inserting a semicolon2 7,d7 in subparagraph 7,d71 by striking the comma at the end and inserting 2 or2 and 7,e7 by inserting after subparagraph 7,d7 the following3 7,e7 is inadmissible under section #bab7;a77#b77;,j7 or deportable under section #bag7;a77#b77;,g71 4 7#b7 ,annual report ,not later than ,march #a of the first year beginning after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,homeland ,security1 after consultation with the appropriate ,federal agencies1 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 identifies the number of aliens detained as a result of the amendment made by paragraph 7#a77;,e74 7f7 ,asylum claims based on gang affiliation 7#a7 ,inapplicability of restriction on removal to certain countries ,section #bda7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abea7;b77#c77;,b77 is amended1 in the matter preceding clause 7i71 by inserting who is described in section #bab7;a77#b77;,j77i7 or section #bcg7;a77#b77;,g77i7 or who is after to an alien4 7#b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 is amended-- 7,a7 in clause 7v71 by striking or at the end2 7,b7 by redesignating clause 7vi7 as clause 7vii72 and 7,c7 by inserting after clause 7v7 the following3 7vi7 the alien is described in section #bab7;a77#b77;,j77i7 or #bcg7;a77#b77;,g77i72 or 4 7g7 ,temporary protected status ,section #bdd of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abed;a7 is amended-- 7#a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 7#b7 in subsection 7c77#b77;,b7-- 7,a7 in clause 7i71 by striking 1 or at the end and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end the following3 7iii7 the alien is1 or at any time has been1 described in section #bab7;a77#b77;,j7 or #bcg7;a77#b77;,g74 2 and 7#c7 in subsection 7d7-- 7,a7 by striking paragraph 7#c72 and 7,b7 in paragraph 7#d71 by adding at the end the following3 ,the ,secretary of ,homeland ,security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision of law44 7h7 ,special immigrant juvenile visas ,section #aja7;a77#bg77;,j77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bg77;,j77iii77 is amended-- 7#a7 in subclause 7,i71 by striking and at the end2 7#b7 in subclause 7,,ii71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,,iii7 no alien who is1 or at any time has been1 described in section #bab7;a77#b77;,j7 or #bcg7;a77#b77;,g7 shall be eligible for any immigration benefit under this subparagraph2 4 7i7 ,parole ,an alien described in section #bab7;a77#b77;,j7 of the ,immigration and ,nationality ,act1 as added by subsection 7b71 shall not be eligible for parole under section #bab7;d77#e77;,a7 of such ,act unless-- 7#a7 the alien is assisting or has assisted the ,united ,states ,government in a law enforcement matter1 including a criminal investigation2 and 7#b7 the alien's presence in the ,united ,states is required by the ,government with respect to such assistance4 7j7 ,effective date ,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 before1 on1 or after the date of the enactment of this ,act4