# Criminal Alien Gang Member Removal Act: What You Need to Know

This bill creates a new immigration law specifically targeting foreign nationals who are members of criminal gangs or participate in gang activities. The government would be able to prevent gang members from entering the country, deport those already here, and detain them without bail while their cases are processed. The law defines a criminal gang as any group of five or more people whose primary purpose includes committing serious crimes like drug trafficking, violence, human trafficking, money laundering, or theft—and the members must have engaged in these crimes within the past five years.

The Department of Homeland Security would have the power to officially designate groups as criminal gangs, which would make it easier to target members for removal. Once designated, gang members couldn't challenge the designation in immigration court, though the designated group itself could appeal the decision in federal court within 30 days. The government could use classified information to make these designations, meaning gang members and their lawyers might not see all the evidence against them. Additionally, anyone associated with a designated gang would be ineligible for asylum, temporary protected status, or special visas for vulnerable youth, and they couldn't be released on bail while awaiting deportation hearings.

The practical effect is that foreign nationals suspected of gang involvement would face much harsher immigration consequences than they do under current law. They could be detained immediately without a hearing, prevented from seeking refuge in the U.S., and deported more quickly. The bill also applies retroactively, meaning it could be used against people for gang activities they engaged in years ago, even before the law was enacted. For immigration advocates, this raises concerns about due process and whether people could be wrongly designated as gang members, while supporters argue it's necessary to keep dangerous criminals out of the country.

Criminal Alien Gang Member Removal Act

Buchanan, Vern

Criminal Alien Gang Member Removal Act This 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.