H.R.2933 - Alien Gang Removal Act of 2005
To amend the Immigration and Nationality Act to render inadmissible and deportable aliens who have participated in criminal street gangs, and for other purposes.
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June 16, 2005
Mr. FORBES (for himself, Mr. GALLEGLY, Mrs. JO ANN DAVIS of Virginia, Mr. GOODLATTE, Mr. BOOZMAN, Mr. BURTON of Indiana, Mr. NORWOOD, Mr. DEAL of Georgia, Ms. HARRIS, Ms. GINNY BROWN-WAITE of Florida, Mr. ISSA, Mr. FEENEY, and Mr. KING of Iowa) introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
SEC. 2. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN CRIMINAL STREET GANGS.
`(aa) is a member of a criminal street gang and has committed, conspired, or threatened to commit, or seeks to enter the United States to engage solely, principally, or incidentally in, a gang crime or any other unlawful activity; orCommentsClose CommentsPermalink
`(I) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group or association of 3 or more individuals, who commit 2 or more gang crimes (one of which is a crime of violence, as defined in
`(II) GANG CRIME- The term `gang crime' means conduct constituting any Federal or State crime, punishable by imprisonment for one year or more, in any of the following categories:CommentsClose CommentsPermalink
`(cc) A crime involving the manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (
`(dd) Any conduct punishable under
`(ee) Any conduct punishable under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) of this Act.'.CommentsClose CommentsPermalink
`(ii) DEFINITIONS- For purposes of this subparagraph, the terms `criminal street gang' and `gang crime' have the meaning given such terms in section 212(a)(2)(J)(ii). '.CommentsClose CommentsPermalink
`DESIGNATION OF CRIMINAL STREET GANGS
`(1) IN GENERAL- The Attorney General is authorized to designate a group or association as a criminal street gang in accordance with this subsection if the Attorney General finds that the group or association meets the criteria described in section 212(a)(2)(J)(ii)(I).CommentsClose CommentsPermalink
`(i) TO CONGRESSIONAL LEADERS- Seven days before making a designation under this subsection, the Attorney General shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate a group or association under this subsection, together with the findings made under paragraph (1) with respect to that group or association, and the factual basis therefor.CommentsClose CommentsPermalink
`(A) IN GENERAL- A designation under this subsection shall be effective for all purposes until revoked under paragraph (5) or (6) or set aside pursuant to subsection (b).CommentsClose CommentsPermalink
`(i) IN GENERAL- The Attorney General shall review the designation of a criminal street gang under the procedures set forth in clauses (iii) and (iv) if the designated gang or association files a petition for revocation within the petition period described in clause (ii).CommentsClose CommentsPermalink
`(I) if the designated gang or association has not previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date on which the designation was made; orCommentsClose CommentsPermalink
`(II) if the designated gang or association has previously filed a petition for revocation under this subparagraph, the petition period begins 2 years after the date of the determination made under clause (iv) on that petition.CommentsClose CommentsPermalink
`(iii) PROCEDURES- Any criminal street gang that submits a petition for revocation under this subparagraph must provide evidence in that petition that the relevant circumstances described in paragraph (1) are sufficiently different from the circumstances that were the basis for the designation such that a revocation with respect to the gang is warranted.CommentsClose CommentsPermalink
`(I) IN GENERAL- Not later than 180 days after receiving a petition for revocation submitted under this subparagraph, the Attorney General shall make a determination as to such revocation.CommentsClose CommentsPermalink
`(i) IN GENERAL- If in a 5-year period no review has taken place under subparagraph (B), the Attorney General shall review the designation of the criminal street gang in order to determine whether such designation should be revoked pursuant to paragraph (6).CommentsClose CommentsPermalink
`(ii) PROCEDURES- If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, then the review shall be conducted pursuant to procedures established by the Attorney General. The results of such review and the applicable procedures shall not be reviewable in any court.CommentsClose CommentsPermalink
`(A) IN GENERAL- The Attorney General may revoke a designation made under paragraph (1) at any time, and shall revoke a designation upon completion of a review conducted pursuant to subparagraphs (B) and (C) of paragraph (4) if the Attorney General finds that--CommentsClose CommentsPermalink
`(B) PROCEDURE- The procedural requirements of paragraphs (2) and (3) shall apply to a revocation under this paragraph. Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.CommentsClose CommentsPermalink
`(7) EFFECT OF REVOCATION- The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.CommentsClose CommentsPermalink
`(8) USE OF DESIGNATION IN HEARING- If a designation under this subsection has become effective under paragraph (2)(B) an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any hearing.CommentsClose CommentsPermalink
`(1) IN GENERAL- Not later than 30 days after publication of the designation in the Federal Register, an group or association designated as a criminal street gang may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit.CommentsClose CommentsPermalink
`(4) JUDICIAL REVIEW INVOKED- The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation.CommentsClose CommentsPermalink
`(c) Relevant Committee Defined- As used in this section, the term `relevant committees' means the Committees on the Judiciary of the House of Representatives and of the Senate.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of contents for the Immigration and Nationality Act (
SEC. 3. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG MEMBERS.
(b) Annual Report- Not later than March 1 of each year (beginning 1 year after the date of the enactment of this Act), the Secretary of Homeland Security, after consultation with the appropriate Federal agencies, 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 (a).CommentsClose CommentsPermalink
SEC. 4. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.
(a) Inapplicability of Restriction on Removal to Certain Countries- Section 241(b)(3)(B) of the Immigration and Nationality Act (
(c) Denial of Review of Determination of Ineligibility for Temporary Protected Status- Section 244(c)(2) of such Act (