Criminal Alien Gang Member Removal Act
Criminal Alien Gang Member Removal Act
Plain Language Summary
# Criminal Alien Gang Member Removal Act (HR 1050) – Summary **What the bill would do:** This bill would make it illegal for non-U.S. citizens associated with criminal gangs to enter or remain in the United States. If passed, it would allow the government to deport foreign nationals who are gang members or have helped gangs commit crimes. The bill also creates a process for officially designating groups as criminal gangs and requires that suspected gang members be detained without bail while their cases are processed. **Who it affects and key provisions:** The bill primarily affects non-citizens suspected of gang involvement.
It removes several legal protections these individuals might otherwise have—they would be ineligible for asylum, temporary protected status, special visas, or parole (with limited exceptions if they help law enforcement). Immigration officials at borders and within DHS/Department of Justice would have broad authority to determine gang membership based on whether they "know or have reason to believe" someone is affiliated with a criminal gang. **Current status:** As of now, the bill is in committee and has not been voted on by the full House. It was introduced by Rep. Vern Buchanan (R-FL) in the current congressional session.
CRS Official Summary
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.
Latest Action
Referred to the House Committee on the Judiciary.