S-2380 : Still Just a Bill

Criminal Alien Gang Member Removal Act

This bill amends the Immigration and Nationality Act to make an alien: (1) inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice (DOJ) knows or has reason to believe that such person is or has been a member of a criminal gang or has participated in criminal gang activities; and (2) deportable if such person is or has been a member of a criminal gang or has participated in criminal gang activities.

A "criminal gang" is defined as an ongoing group, club, organization, or association of five or more persons (group): (1) one of the primary purposes of which is the commission of one or more specified criminal offenses and the members of which engage, or have engaged within the past five years, in a continuing series of such offenses; or (2) that has been designated as a criminal gang by DHS.

DHS may: (1) designate a group as a criminal gang based upon its conduct, and (2) revoke a designation for national security interests or if the group no longer conducts such criminal activities. Such designation shall be effective until revoked or judicially set aside. Congress may block or revoke a designation.

A group may file a petition for revocation: (1) prior to designation, with DHS, and (2) after designation, with the U.S. Court of Appeals, DC Circuit.

The bill: (1) provides for mandatory detention of alien gang members; and (2) makes alien gang members ineligible for asylum, temporary protected status, special immigrant juvenile status, and parole (unless such an alien is assisting the United States in a law enforcement matter).