,,ii #aafth ,,congress #ast ,session ,s4 #eii ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #bh1 #bjai,mr4 ,cotton 7for himself1 ,mrs4 ,blackburn1 ,mr4 ,cramer1 ,mr4 ,grassley1 and ,mr4 ,tillis7 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 ,singh's ,law4 #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 has as one of its primary purposes the commission of #a 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 7i7 ,a violent crime for which the term of imprisonment is at least #a year1 including-- 7,i7 any offense that has1 as an element1 the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7,,ii7 any other offense in which the record of conviction establishes that the offender used physical force against the person or property of another in the course of committing the offense4 7ii7 ,the entry or remaining in a building1 structure or habitation1 including vehicles and other movable enclosures1 with the intent to commit a crime therein 7commonly known as burglary74 7,d7 ,a crime relating to obstruction of justice1 tampering with or retaliating against a person1 victim1 or informant1 perjury1 or subornation of perjury4 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 or attempt to commit an offense described in subparagraphs 7,a7 through 7,c71 or soliciting1 facilitating1 or aiding and abetting any such offense4 4 7b7 ,inadmissibility ,section #bab7;a77#b7 of such ,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 who a consular officer1 the ,secretary of ,homeland ,security1 or the ,attorney ,general knows or has reason to believe-- 7i7 to be1 or to have been1 a member of a criminal gang or to have 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 gang2 and 7ii7 has been convicted of a misdemeanor or a felony in the ,united ,states4 4 7c7 ,deportability ,section #bcg7;a77#b7 of such ,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 is1 or has been1 a member of a criminal gang or 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 gang2 and 7ii7 has been convicted of a misdemeanor or a felony in the ,united ,states4 4 #c4 ,designation of criminal gangs 7a7 ,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 ,secretary of ,homeland ,security1 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 ,seven days before making a designation under this subsection1 the ,secretary shall1 by classified communication1 notify 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 ,senate1 in writing1 of the intent to designate a group1 club1 organization1 or association of #e or more persons under this subsection and the factual basis therefor4 7,b7 ,publication in the ,federal ,register ,the ,secretary shall publish the designation in the ,federal ,register seven days after providing the notification under subparagraph 7,a74 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 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#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 it 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 as to 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 in a #e-year period no review has taken place under subparagraph 7,b71 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 then the review shall be conducted pursuant to procedures established by the ,secretary4 ,the results of such review and the applicable procedures shall not be reviewable in any court4 7iii7 ,publication of results of review ,the ,secretary shall publish any determination made pursuant to 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 pursuant to subparagraphs 7,b7 and 7,c7 of paragraph 7#d7 if the ,secretary finds 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 7b7 ,amendments to a designation 7#a7 ,in general ,the ,secretary may amend a designation under this subsection if the ,secretary finds 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 in accordance with 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 as well as any additional relevant information that supports those 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 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 7c7 of this section4 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-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7#d7 the term ,secretary means the ,secretary of ,homeland ,security1 in consultation with the ,attorney ,general4 4 7b7 ,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 #d4 ,mandatory detention of criminal gang members 7a7 ,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,c71 by striking or at the end2 7#b7 in subparagraph 7,d71 by inserting or at the end2 and 7#c7 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 7b7 ,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 ,committees on the ,judiciary of the ,house of ,representatives and of the ,senate on the number of aliens detained under the amendments made by subsection 7a74 #e4 ,asylum claims based on gang affiliation 7a7 ,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 7b7 ,ineligibility for asylum ,section #bjh7;b77#b77;,a7 of such ,act 7#h ,u4,s4,c4 #aaeh7;b77#b77;,a77 7as amended by section #bja of this ,act7 is further 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 section #bcg7;a77#b77;,g77i72 or 4 #f4 ,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 subparagraph 7c77#b77;,b7-- 7,a7 in clause 7i71 by striking or at the end2 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 section #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 #g4 ,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 is1 or at any time has been1 described in section #bab7;a77#b77;,j7 or section #bcg7;a77#b77;,g7 shall be eligible for any immigration benefit under this subparagraph2 4 #h4 ,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 #i4 ,ronil ,singh ,memorial ,justice ,assistance ,grant ,program 7a7 ,grants authorized ,from amounts made available pursuant to subsection 7g71 the ,attorney ,general1 acting through the ,office of ,justice ,programs1 may award grants to ,states or units of local government to provide additional personnel1 equipment1 supplies1 contractual support1 training1 technical assistance1 and information systems for-- 7#a7 combating criminal and youth gangs through law enforcement measures2 and 7#b7 law enforcement gang-prevention activities4 7b7 ,certification ,a ,state or unit of local government may not receive a grant under this section unless-- 7#a7 the ,state or local government-- 7,a7 consistently notifies ,u4,s4 ,immigration and ,customs ,enforcement before releasing criminal aliens who are unlawfully present in the ,united ,states2 and 7,b7 allows ,u4,s4 ,immigration and ,customs ,enforcement officers to access the detention facilities of the ,state or local government for the purpose of interviewing or taking into custody an alien described in subparagraph 7,a72 and 7#b7 the ,attorney ,general determines that the ,state or local government has a cooperative relationship with all ,federal immigration authorities1 including ,u4,s4 ,immigration and ,customs ,enforcement4 7c7 ,program assessment 7#a7 ,in general ,each program using grant funding authorized under this section shall carry out a program assessment1 which shall be developed consistent with guidelines established by the ,attorney ,general1 in coordination with the ,national ,institute of ,justice4 7#b7 ,waiver ,the ,attorney ,general may waive the application of paragraph 7#a7 with respect to a program that1 in the opinion of the ,attorney ,general1 is not of sufficient size to justify a full program assessment4 7d7 ,prohibited uses ,notwithstanding any other provision of this ,act1 funds provided under this section may not be used1 directly or indirectly for-- 7#a7 security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety2 or 7#b7 vehicles 7excluding police cruisers71 vessels 7excluding police boats71 aircraft 7excluding police helicopters71 luxury items1 real estate1 construction projects 7other than penal or correctional institutions71 or similar items unless the ,attorney ,general certifies that extraordinary and exigent circumstances exist that make such uses essential to the maintenance of public safety and good order4 7e7 ,administrative costs ,not more than #aj percent of any grant awarded under this section may be used for costs incurred to administer such grant4 7f7 ,grant accountability 7#a7 ,defined term ,in this subsection the term unresolved audit finding means an audit report finding in the final audit report of the ,inspector ,general of the ,department of ,justice that the grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during the #ab-month period beginning on the date on which the final audit report is issued4 7#b7 ,audit requirement 7,a7 ,in general ,beginning on the first day of the first fiscal year beginning after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,justice shall-- 7i7 conduct audits of grant recipients under this section to prevent waste1 fraud1 and abuse of funds by grantees2 and 7ii7 determine the appropriate number of grantees to be audited each year4 7,b7 ,mandatory exclusion ,a grant recipient under this section that has an unresolved audit finding shall not be eligible to receive grant funds under this section during the first #b fiscal years beginning after the end of the #ab-month period described in paragraph 7#a74 7,c7 ,reimbursement ,if an entity is awarded grant funds under this section during the period during which the entity is barred from receiving grants under subparagraph 7,b71 the ,attorney ,general shall-- 7i7 deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7ii7 seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds4 7,d7 ,priority ,in awarding grants under this section1 the ,attorney ,general shall give priority to eligible applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for such a grant4 7#c7 ,conference expenditures 7,a7 ,limitation ,amounts appropriated to the ,department of ,justice pursuant to subsection 7g7 may not be used by the ,attorney ,general1 or by any individual or entity awarded discretionary funds through a cooperative agreement under this section1 to host or support any expenditure for conferences that uses more than #bj1jjj in funds made available to the ,department of ,justice1 unless the ,deputy ,attorney ,general or the appropriate ,assistant ,attorney ,general1 ,director1 or principal deputy 7as designated by the ,deputy ,attorney ,general7 provides prior written authorization that the funds may be expended to host the conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives that details all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning on the first day of the first fiscal year after the date of the enactment of this ,act1 the ,attorney ,general shall submit an annual certification to the ,committee on the ,judiciary of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that-- 7,a7 indicates whether-- 7i7 all audits conducted by the ,office of the ,inspector ,general pursuant to paragraph 7#b7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or ,director2 7ii7 all mandatory exclusions required under paragraph 7#b77;,b7 have been issued2 and 7iii7 all reimbursements required under paragraph 7#b77;,c7 have been made2 and 7,b7 includes a list of any grant recipients excluded under paragraph 7#b77;,b7 from the previous year4 7g7 ,authorization of appropriations ,there is authorized to be appropriated #bjj1jjj1jjj1 for each of the fiscal years #bjbj through #bjbc1 for grants under this section4 ,amounts appropriated pursuant to this subsection shall remain available until expended4 #aj4 ,effective date ,the amendments made by this ,act 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