HR-9657 : Still Just a Bill

The "Detain and Deport Gang Members Act of 2024" (H.R. 9657) amends the Immigration and Nationality Act to expand the grounds for detention and removal of aliens who are members of international criminal gangs. Key provisions include:

• Definition of Criminal Gang: Defines "criminal gang" as an organization of 5 or more people that commits felony drug offenses, offenses related to bringing aliens into the U.S., crimes of violence, obstruction of justice, or other specified crimes.
• Inadmissibility: Makes any alien inadmissible who is or has been a member of a criminal gang, or who has participated in gang activities, knowing that such activities will further the gang's illegal activity.
• Detention: Mandates the detention of aliens who are or have been members of a criminal gang or have participated in their activities. Requires the Secretary of Homeland Security to issue a detainer for such aliens.
• Deportability: Makes any alien deportable who is or has been a member of a criminal gang or has participated in their activities.
• Gang Designation Process: Establishes a process for the Secretary of Homeland Security, in consultation with the Attorney General, to designate a group as a criminal gang, including notification to Congress, publication in the Federal Register, and a process for judicial review.
• Asylum Ineligibility: Bars gang members from asylum eligibility.
• Temporary Protected Status: Makes gang members ineligible for temporary protected status.
• Special Immigrant Juvenile Visas: Makes gang members ineligible for special immigrant juvenile visas.
• Parole: Restricts parole eligibility for gang members, unless they are assisting the U.S. government in a law enforcement matter.
• Effective Date: The amendments take effect upon enactment and apply retroactively.