Deport Alien Gang Members Act (H.R. 175)

Summary

Changes immigration law to make it easier to deny entry to and deport non-citizens who are members of or associated with criminal gangs.

What problem does this solve?

Current immigration laws may not specifically list gang membership as a reason for deportation or for denying someone entry into the country. This bill defines 'criminal gang' in the law and makes membership a clear reason for denying entry and removing non-citizens.

What does this bill do?

Defines 'criminal gang' in immigration law

Establishes a legal definition of a 'criminal gang' as a group of 5 or more people whose main purpose is committing certain crimes.

Bars gang members from entering the U.S.

Makes any non-citizen inadmissible if an official has 'reason to believe' they are a member of a criminal gang or have participated in gang activities.

Makes gang membership a deportable offense

Allows for the deportation of any non-citizen who is or has been a member of a criminal gang or has participated in its activities.

Creates a formal gang designation process

Permits the Secretary of Homeland Security to officially designate a group as a 'criminal gang,' which is then published in the Federal Register.

Requires mandatory detention

Requires that non-citizens who are inadmissible or deportable for gang affiliation be detained by immigration authorities.

Blocks gang members from asylum and other relief

Makes non-citizens associated with gangs ineligible for asylum, temporary protected status (TPS), special immigrant juvenile visas, and parole.

Who does this affect?

Immigrants and non-citizens
U.S. immigration and law enforcement agencies

What is the real world impact?

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Creates broad authority for deportation

Gives immigration officers and the Secretary of Homeland Security wide power to deny entry or deport someone based on a 'reason to believe' they are associated with a gang, which could be applied broadly.

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Limits humanitarian protections

Prevents individuals identified as gang members from receiving asylum, temporary protected status, or other forms of humanitarian relief, which could impact people fleeing violence, including from gangs.

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Strengthens public safety

Aims to protect communities by giving immigration officials clear authority to remove or bar entry to foreign nationals involved in gang-related crime.

When does this start?

Takes effect as soon as it is signed into law and applies to actions that happened before, on, or after that date.

Annual detention report

Requires the Secretary of Homeland Security to submit the first annual report on the number of aliens detained under this law by March 1 of the year after it is enacted.