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Criminal Alien Gang Member Removal Act
12/15/2023, 3:53 PM
Summary of Bill HR 367
The bill specifically targets individuals who are both undocumented immigrants and members of criminal gangs. It seeks to streamline the process for identifying and removing these individuals from the country. This includes allowing for the expedited removal of such individuals and limiting their ability to seek asylum or other forms of relief from deportation.
Additionally, the bill aims to increase penalties for individuals who re-enter the country after being deported for gang-related activities. It also calls for the creation of a database to track gang members who are in the country illegally. Supporters of the bill argue that it is necessary to protect communities from the dangers posed by criminal gang members who are in the country illegally. They believe that by targeting these individuals and removing them from the country, the overall safety and security of the United States will be improved. Critics of the bill, however, raise concerns about the potential for racial profiling and the impact on due process rights for undocumented immigrants. They argue that the bill could lead to the unjust targeting and removal of individuals who may not actually be involved in criminal gang activity. Overall, Bill 118 hr 367 is a controversial piece of legislation that seeks to address the issue of criminal gang activity among undocumented immigrants in the United States. It remains to be seen how this bill will progress through the legislative process and what impact it may have if it is ultimately signed into law.
Congressional Summary of HR 367
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.
