[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1168 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1168

  To amend section 212 of the Immigration and Nationality Act to make 
 inadmissible individuals who law enforcement knows, or has reasonable 
grounds to believe, seek entry into the United States to participate in 
  illegal activities with criminal gangs located in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 6, 2005

  Mr. Nelson of Florida introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend section 212 of the Immigration and Nationality Act to make 
 inadmissible individuals who law enforcement knows, or has reasonable 
grounds to believe, seek entry into the United States to participate in 
  illegal activities with criminal gangs located in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds that--
            (1) violent crimes committed by criminal street gangs in 
        cities throughout the United States has been increasing;
            (2) these criminal gangs have been involved in human 
        smuggling, drug trafficking, arms smuggling, brutal killings, 
        and other violent crimes; and
            (3) individuals are entering the United States with the 
        intent of joining criminal gangs based in the United States and 
        engaging in criminal activity.

SEC. 2. CRIMINAL GANG ACTIVITY.

    Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following:
                    ``(J) Criminal gang activity.--
                            ``(i) In general.--Any alien who a consular 
                        officer or the Attorney General knows, or has 
                        reasonable grounds to believe, seeks to enter 
                        the United States to engage, solely, 
                        principally, or incidentally in a criminal 
                        street gang located in the United States is 
                        inadmissible.
                            ``(ii) Definition.--In this subparagraph, 
                        the term `criminal street gang' means an 
                        ongoing group, club, organization, or 
                        association of 5 or more individuals that 
                        commits a violation of Federal or State law 
                        that is punishable by imprisonment of 1 year or 
                        more.''.
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