Criminal Alien Gang Member Removal Act - H.R. 3697

Summary

H.R. 3697 amends the Immigration and Nationality Act to combat gang violence by criminal aliens and enhance public safety. The bill ensures that criminal alien gang members are not eligible for immigration benefits, such as asylum, special immigrant juvenile status, and temporary protected status, and includes provisions to detain and remove criminal gang members or those who participate in gang activity. Specifically, the legislation does the following:

• Defines a criminal gang as a group of 5 or more individuals whose primary purpose is to commit 1 or more of the following offenses: a felony drug offense, importing or harboring aliens, a crime of violence, obstruction of justice, fraud, or conspiracy to commit an offense. The Secretary of Homeland Security can make such a designation.
• Establishes that an alien looking to enter the United States who is associated with or has been previously associated with a criminal gang is inadmissible.
• Establishes that an alien in the United States who is associated with a criminal gang is deportable.
• In regards to designation of a criminal gang, the Secretary must inform Congress 7 days prior to the designation and publish the designation in the Federal Register 7 days following the designation. The designation will last until revoked, but be reviewed at least once every 5 years.
• Establishes a process for a group defined as a criminal gang to petition the Department of Homeland Security to remove its designation.

Background

According to U.S. Immigration and Customs Enforcement, membership of violent transnational gangs is largely comprised of foreign-born nationals. In FY 2015, there were 2,324 ICE intakes of aliens who were gang members or affiliates. In FY 2016, through the end of the second quarter, there were 1,919 ICE intakes of aliens who were gang members or affiliates. In comparison, through the end of the second quarter of FY 2015, there were 1,045 ICE intakes for the same group. This represents an 84-percent increase in FY 2016 over FY 2015. Additionally, ICE records reflect a general upward trend of ICE removals of gang members and gang affiliates from FY 2015 to FY 2016 through the end of the second quarter. In the first half of FY 2016, ICE removed 1,219 aliens who were gang members or affiliates, compared to 639 removals of aliens with gang affiliations during the first half of FY 2015.

According to the Department of Justice, MS-13, a transnational gang that is notoriously violence and comprised of members mostly from Central America, has 10,000 members inside the United States acrsso 40 states and 40,000 members worldwide. Currently, it is not possible to deport gang members until they are convicted of an independent crime. 

According to the Chairman, “The primary duty of the federal government is to keep Americans safe. We must ensure our nation’s immigration laws are not exploited by dangerous gang members, like MS-13, seeking to bring crime and illicit activity to our communities. The Criminal Alien Gang Member Removal Act makes it clear that criminal alien gang members are not eligible to come to the United States and ensures that they are kept off our streets. I thank Representatives Comstock, King, and Labrador for introducing this targeted, common sense bill to protect our communities and look forward to its consideration on the House floor next week.”

Cost

A Congressional Budget Office (CBO) estimate is not currently available. However, according to the Committee an unofficial estimate states this legislation will not increase, and may reduce, direct spending.

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Lawmakers Introduce Bill to Combat Gang Violence and Enhance Public Safety

Congresswoman Barbara Comstock (R-Va.), House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Congressman Peter King (R-N.Y.), and Congressman Raúl Labrador (R-Idaho) today introduced the Criminal Alien Gang Member Removal Act (H.R. 3697) to combat gang violence by criminal aliens and enhance public safety. 

U.S. Immigration and Customs Enforcement has found that membership of violent transnational gangs is comprised largely of foreign-born nationals. In order to protect Americans from these violent gangs, the Criminal Alien Gang Member Removal Act ensures that alien gang members are kept off our streets by barring them from coming to the United States and detaining and removing them if they are criminal gang members or participate in gang activity.

Additionally, the bill ensures that criminal alien gang members are not eligible for immigration benefits, such as asylum, special immigrant juvenile status, and temporary protected status, which are reserved for those around the world most in need of protection.

Goodlatte and Comstock issued the statements below on today’s introduction of the Criminal Alien Gang Member Removal Act.

Chairman Goodlatte: “The primary duty of the federal government is to keep Americans safe. We must ensure our nation’s immigration laws are not exploited by dangerous gang members, like MS-13, seeking to bring crime and illicit activity to our communities. The Criminal Alien Gang Member Removal Act makes it clear that criminal alien gang members are not eligible to come to the United States and ensures that they are kept off our streets. I thank Representatives Comstock, King, and Labrador for introducing this targeted, common sense bill to protect our communities and look forward to its consideration on the House floor next week.”

Congresswoman Comstock: “In Northern Virginia there have been at least eight brutal murders tied to the transnational MS-13 gang since last November. That is unacceptable, and this legislation will help get these violent gang members off our streets. MS-13 preys upon and intimidates those who have come to our country to seek a better life. The Criminal Alien Gang Member Removal Act will give important tools to law enforcement like the Northern Virginia Regional Gang Task Force so that they can effectively do their jobs to deport alien gang members. I look forward to working with my colleagues to see this important legislation passed so we are safer as a community, Commonwealth, and nation.” (Press Release)

Democratic Whip Steny Hoyer:

Republicans are supposedly bringing this bill to the Floor to combat transnational gang violence, such as violence caused by gangs like MS-13.  However, this legislation, if enacted, would classify large groups of immigrants as “gang members,” including members of the faith community who assist undocumented immigrants with housing, transportation and other humanitarian needs, and make it easier to deport people, even lawful permanent residents, with no involvement in criminal gangs whatsoever.

Under this bill, a “gang” is defined for the first time under the Immigration and Nationality Act (INA) as “an ongoing group, club, organization, or association of five or more persons that engages in a broadly defined range of criminal offenses, including “harboring” immigrants.  This “harboring” provision would not be restricted to those in the business of smuggling immigrants, but could include anyone who provides shelter, transportation or support to undocumented immigrants.   The federal courts have found that “harboring” includes offering an undocumented individual a place to stay.   This statute has been used against religious workers, as well as persons who live with undocumented family members.

Religious groups have come out against this legislation because, under this definition of “gang,” religious workers or household members of undocumented immigrants could be considered a “gang.”  There is no exception in the current bill for humanitarian or religious groups that work to help immigrant populations.  Additionally, the legislation is retroactive, so aid workers and religious groups could, depending on their immigration status, be detained or deported upon enactment of this bill.

H.R. 3697 was introduced on September 7th and was immediately scheduled for Floor consideration without a single hearing and with just three Republican cosponsors.  It is clear this bill is part of a larger plan by the Trump Administration, House Republicans, and anti-immigrant groups to make it easier to deport immigrants.  While violence from groups like MS-13 should be addressed in a clear and responsible way in order to protect our schools, communities, and thousands of immigrants who fled to the United States to escape them, H.R. 3697 is not the answer.  
 

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