# Criminal Alien Gang Member Removal Act - Plain Language Summary

## What This Bill Does

This bill amends U.S. immigration law to make it easier to remove foreign nationals (non-citizens) who are associated with criminal gangs. It creates a new legal category defining "criminal gangs" as groups of 5 or more people whose primary purpose includes committing serious crimes like drug trafficking, human trafficking, violent crimes, or fraud. The bill allows the government to deny entry to gang members at the border and to deport those already in the country if they are or have been gang members, or if they knowingly participated in gang activities.

## Who Is Affected

**Negatively affected:** Foreign nationals suspected of gang membership or participation would face automatic grounds for removal from the United States, with limited ability to challenge the designation. The bill also allows the Secretary of Homeland Security to designate entire organizations as criminal gangs, which would apply to all members.

**Potentially benefited:** Law enforcement agencies and immigration officials would gain broader authority to identify and remove individuals they believe are gang-affiliated. The bill aims to address public safety concerns related to gang violence.

## Key Provisions

- **Broad definition:** Includes not just gang members but anyone who "participated in the activities" of a criminal gang while knowing it would support illegal activity
- **Government designation power:** The Secretary of Homeland Security can designate groups as criminal gangs with only 7 days' notice to Congress before publication
- **Wide range of crimes:** Covers drug offenses, human trafficking, violent crimes, fraud, and conspiracy to commit these offenses
- **Retroactive application:** Can apply to offenses that occurred before this law was enacted

Criminal Alien Gang Member Removal Act

Buchanan, Vern

Criminal Alien Gang Member Removal ActThis bill makes non-U.S. nationals (aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups with criminal gang status.An individual shall be inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice knows or has reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, or has participated or aided such a group's illegal activities, shall be deportable.Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter.The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by DHS.The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for administrative and judicial review of the designation.