Deport Alien Gang Members Act
This bill, titled the Deport Alien Gang Members Act, would substantially expand the U.S. immigration regime’s tools against aliens connected to criminal gangs. It creates a new, broad definition of “criminal gang,” defines who is inadmissible or deportable based on gang association, and authorizes a formal process for the Department of Homeland Security (DHS), in consultation with the Attorney General, to designate groups of 5 or more people as criminal gangs. Once designated, members or associates could face mandatory detention in many cases and would be barred from several forms of immigration relief, including asylum, Temporary Protected Status (TPS), Special Immigrant Juvenile Visas (SIJ), and broader removal relief. The bill also imposes a detailed designation procedure, including classified information handling and a potential court review in the D.C. Circuit, and it makes the designation and related consequences effective upon enactment, with applicability to acts before and after enactment. In short, the bill aims to criminalize and remove from the U.S. those linked to gangs by creating new grounds of inadmissibility and deportability, establishing a formal, potentially broad designation process for gangs, and tightening eligibility for various immigration benefits for those described as gang-associated. It also expands detention authority and restricts avenues for relief, with retroactive reach to acts occurring before enactment.
Key Points
- 1New definition and designation of “criminal gang.” A group of 5+ people can be designated as a criminal gang if their conduct fits criteria tied to offenses like drugs, firearms, human smuggling/trafficking, violent crimes, fraud, and related conspiracies. Offenses can be domestic or foreign, and can occur before or after enactment. DHS, with the Attorney General, would designate groups meeting these criteria, with a formal process and the possibility to designate or revoke designations over time.
- 2New grounds of inadmissibility and deportability for gang associates. The bill adds: (i) inadmissibility under 212(a)(2)(J) for aliens who are members, promoters, or participants in gang activities, including those seeking entry to further gang activities; and (ii) deportability under 237(a)(2)(G) for aliens who are or have been members or associated with gangs. This creates a broad basis to bar entry and to remove those tied to gangs.
- 3Designation process with safeguards and review. The bill establishes a new Sec. 220 to designate criminal gangs, including: 7-day advance notification to key congressional and committee leaders, publication in the Federal Register, the creation of an administrative record, and allowance for classified information. Designations can be amended or revoked, and there are procedures for petitions for revocation, with possible judicial review in the U.S. Court of Appeals for the D.C. Circuit. Designations can be subject to expedited review and must follow specific procedures, including handling of classified material.
- 4Mandatory detention and annual reporting. The bill amends detention rules to require that designated gang members be detained under the immigration detention provisions (with a new subparagraph added to the detention statute). It also requires an annual DHS report on the number of aliens detained under these amendments, to be provided to Congress.
- 5Restrictions on relief and benefits; broader consequences. The bill tightens eligibility for asylum (no asylum for those described in the gang-activity provisions), narrows other forms of relief, and makes changes to TPS and related status provisions. It also bars parole for most gang-associated aliens unless they assist the U.S. government in law enforcement matters. Special Immigrant Juvenile Visas would be barred for aliens described as gang-associated, and the act says these individuals would be ineligible for other immigration relief. The amendments apply on enactment and retroactively to acts occurring before or after enactment.