# Plain Language Summary: Deport Alien Gang Members Act

This bill creates a new immigration category specifically targeting people associated with criminal gangs and makes it much easier to deport them. The law defines a "criminal gang" as any group of five or more people whose main purpose is committing serious crimes—including drug trafficking, weapons offenses, human trafficking, money laundering, violent crimes, or identity theft. The definition is broad enough to include both formal gang organizations and looser criminal groups, and the government can officially designate organizations as criminal gangs.

Under this bill, anyone who is a gang member, has helped a gang's activities, or entered the country to further gang operations becomes automatically ineligible to enter or stay in the United States. This applies whether the person committed crimes in the U.S. or abroad. The law closes off several escape routes that immigrants currently have: gang members can't claim asylum, can't get temporary protected status, can't receive special visas for vulnerable youth, and can't get parole except in rare cases where they're helping law enforcement. Additionally, gang members must be detained without bail while their deportation cases proceed, rather than being released while waiting for hearings.

The practical effect is that immigration officers and judges have much less discretion in gang-related cases. Someone identified as a gang member faces nearly automatic deportation with very few legal options to fight it or stay in the country. The bill applies retroactively, meaning it can be used against people for gang activities that happened before the law was even passed. While the stated goal is removing dangerous criminals, the broad definition of "gang member" and the elimination of case-by-case review means some people with minimal gang involvement could face deportation, and there's limited opportunity to present mitigating circumstances.

Deport Alien Gang Members Act

McClintock, Tom

Deport Alien Gang Members 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 as criminal gangs.An individual shall be inadmissible if certain officers or agencies know or have 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, has participated or aided such a group's illegal activities,&nbsp;or seeks to enter or has entered the United States in furtherance of such activity&nbsp;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 the Department of Homeland Security&nbsp;(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 review of the designation.