,,ii #aaeth ,,congress #ast ,session ,s4 #eb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #e1 #bjag,mr4 ,grassley 7for himself1 ,mr4 ,tillis1 ,mr4 ,cruz1 ,mr4 ,inhofe1 ,mr4 ,boozman1 and ,mr4 ,cotton7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to make aliens associated with a criminal gang inadmissible1 deportable1 and ineligible for various forms of relief4 #a4 ,alien gang members 7a7 ,definition ,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 7,a7 ,the term criminal gang means an ongoing group1 club1 organization1 or association of five or more persons-- 7i7 7,i7 that has as one of its primary purposes the commission of one or more of the criminal offenses described in subparagraph 7,b72 and 7,,ii7 the members of which engage1 or have engaged within the past five years1 in a continuing series of offenses described in subparagraph 7,b72 or 7ii7 that has been designated as a criminal gang under section #bbj by the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 or by the ,secretary of ,state4 7,b7 ,the offenses described in this subparagraph1 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 7i7 ,a felony drug offense 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb774 7ii7 ,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 7iii7 ,a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code74 7iv7 ,a crime involving obstruction of justice1 tampering with or retaliating against a witness1 victim1 or informant1 or burglary4 7v7 ,any conduct punishable under section #ajbh or #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 slavery and trafficking in persons71 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 7vi7 ,a conspiracy to commit an offense described in clauses 7i7 through 7v74 7,c7 ,notwithstanding any other provision of law 7including any effective date71 the term criminal gang applies regardless of whether the conduct occurred before1 on1 or after the date of the enactment of this paragraph4 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 if the ,secretary of ,homeland ,security 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 7d7 ,designation 7#a7 ,in general ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by adding at the end the following3 #bbj4 ,designation of criminal gangs 7a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general1 or the ,secretary of ,state may designate a group or association as a criminal gang if their conduct is described in section #aja7;a77#ec7 or if the group or association conduct poses a significant risk that threatens the security and the public safety of nationals of the ,united ,states or the national security1 homeland security1 foreign policy1 or economy of the ,united ,states4 7b7 ,effective date ,a designation made under subsection 7a7 shall remain in effect until the designation is revoked after consultation between the ,secretary of ,homeland ,security1 the ,attorney ,general1 and the ,secretary of ,state or is terminated in accordance with ,federal law4 4 7#b7 ,clerical amendment ,the table of contents in the first section of the ,immigration and ,nationality ,act is amended by inserting after the item relating to section #bai the following3 #bbj4 ,designation of criminal gangs4 4 7e7 ,mandatory detention of criminal gang members 7#a7 ,in general ,section #bcf7;c77#a77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77#a77;,d77 is amended-- 7,a7 by striking section #bab7;a77#c77;,b7 and inserting paragraph 7#b77;,j7 or 7#c77;,b7 of section #bab7;a72 and 7,b7 by striking #bcg7;a77#d77;,b71 and inserting paragraph 7#b77;,g7 or 7#d77;,b7 of section #bcg7;a714 7#b7 ,annual report ,not later than ,march #a of each year 7beginning #a year after the date of the enactment of this ,act71 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 on the number of aliens detained as a result of the amendments made by paragraph 7#a74 7f7 ,asylum claims based on gang affiliation 7#a7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of the ,immigration and ,nationality ,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;,g77i7 7relating to participation in criminal gangs72 or 4 7#b7 ,inapplicability of restriction on removal to certain countries ,section #bda7;b77#c77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;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 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 that term appears and inserting ,secretary of ,homeland ,security2 7#b7 in subparagraph 7c77#b77;,b7-- 7,a7 in clause 7i71 by striking ,states1 or and inserting ,states22 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 is a member of a criminal gang4 2 and 7#c7 in subsection 7d7-- 7,a7 by striking paragraph 7#c72 7,b7 by redesignating paragraph 7#d7 as paragraph 7#c72 and 7,c7 in paragraph 7#c71 as redesignated1 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 and2 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 is a member of a criminal gang shall be eligible for any immigration benefit under this subparagraph2 4 7i7 ,deferred action ,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 deferred action4 7j7 ,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 7k7 ,effective date ,the amendments made by this section-- 7#a7 shall take effect on the date of the enactment of this ,act2 and 7#b7 shall apply to acts that occur before1 on1 or after such date4 #b4 ,mandatory expedited removal of dangerous criminals1 terrorists1 and gang members 7a7 ,in general ,notwithstanding any other provision of law1 an immigration officer who finds an alien described in subsection 7b7 at a land border or port of entry of the ,united ,states and determines that such alien is inadmissible under the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 shall treat such alien in accordance with section #bce of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbe74 7b7 ,threats to public safety ,an alien described in this subsection is an alien who the ,secretary of ,homeland ,security determines1 or has reason to believe-- 7#a7 has been convicted of any offense carrying a maximum term of imprisonment of more than #ahj days2 7#b7 has been convicted of an offense involving-- 7,a7 domestic violence 7as defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a7772 7,b7 child abuse and neglect 7as defined in section #djjjb7;a7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe7;a7772 7,c7 assault resulting in bodily injury 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7,d7 the violation of a protection order 7as defined in section #bbff of title #ah1 ,united ,states ,code72 7,e7 driving while intoxicated 7as defined in section #afd7;a7 of title #bc1 ,united ,states ,code72 or 7,f7 any offense under foreign law1 except for a purely political offense1 which1 if the offense had been committed in the ,united ,states1 would render the alien inadmissible under section #bab7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a772 7#c7 has been convicted of more than one criminal offense 7other than minor traffic offenses72 7#d7 has engaged in1 is engaged in1 or is likely to engage after entry in any terrorist activity 7as defined in section #bab7;a77#c77;,b77iii7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77iii7771 or intends to participate or has participated in the activities of a foreign terrorist organization 7as designated under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi772 7#e7 is or was a member of a criminal street gang 7as defined in paragraph 7#ec7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a771 as added by section #a7;a772 or 7#f7 has entered the ,united ,states more than one time in violation of section #bge7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7;a771 knowing that such entry was unlawful4