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Gang ties could speed deportation without a conviction
Noncitizens linked to gangs could be denied entry, detained or deported without a conviction under a House bill. It would also create a new federal definition of a criminal gang.
A House proposal in Washington would give federal immigration officials a wider reach over people linked to gangs. Under the bill, a noncitizen could be denied entry, detained or deported if officials know or have reason to believe the person is, or has been, a member of a criminal gang, has helped one, or is entering the United States in furtherance of gang activity.
The measure is called the Deport Alien Gang Members Act. It was introduced by Representative Tom McClintock and several Republican colleagues, and it would amend the Immigration and Nationality Act, the main federal law governing who can come into the country and who can be removed.
A wider net
The bill does not stop at people already convicted of gang-related crimes. It creates a federal definition of a criminal gang as an ongoing group, club, organization or association of at least five people with one primary purpose that includes specified offenses, and with members who have engaged in a continuing series of those offenses within the past five years. A group could also be designated by the Secretary of Homeland Security, in consultation with the Attorney General, if it fits those criteria.
The offenses named in the proposal range from controlled-substance crimes and firearms offenses to burglary, fraud, trafficking, money laundering and racketeering-related conduct. It also covers conspiracies to commit those crimes. Once a designation takes effect, the bill says a person in a removal proceeding could not use the validity of that designation as a defense or objection.
Custody before a case
The practical effect is to move immigration enforcement earlier, and farther upstream. Instead of waiting for a conviction in every case, the bill would let officials act on gang membership, alleged support, or travel tied to gang activity. It would also make people inadmissible or deportable on that basis, which could matter for someone seeking to enter the country as well as someone already inside it.
The bill would also require mandatory detention for people covered by the new gang-related grounds. For families, that can mean a sudden shift from uncertainty to custody and removal proceedings. For immigration officers, it adds another category to screen for, with the Homeland Security secretary holding the power to designate and later revoke criminal-gang findings.