[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3946 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 3946

To make an alien who is a member of a criminal gang removable from the 
  United States and inadmissible to the United States, to permit the 
  Secretary of Homeland Security to deny a visa to an alien who is a 
  national of a country that has denied or delayed accepting an alien 
        removed from the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2006

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

_______________________________________________________________________

                                 A BILL


 
To make an alien who is a member of a criminal gang removable from the 
  United States and inadmissible to the United States, to permit the 
  Secretary of Homeland Security to deny a visa to an alien who is a 
  national of a country that has denied or delayed accepting an alien 
        removed from the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community Protection Against 
International Gangs Act''.

SEC. 2. INADMISSIBILITY AND REMOVAL OF ALIEN GANG MEMBERS.

    (a) Inadmissibility.--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) Aliens associated with criminal gangs.--
                Unless the Secretary of Homeland Security or the 
                Attorney General waives the application of this 
                subparagraph, any alien who a consular officer, the 
                Attorney General, or the Secretary of Homeland Security 
                knows or has reason to believe--
                            ``(i) is, or has been, a member of a 
                        criminal street gang (as defined in section 
                        521(a) of title 18, United States Code); or
                            ``(ii) has participated in the activities 
                        of such a criminal street gang, knowing or 
                        having reason to know that such activities 
                        promoted, furthered, aided, or supported the 
                        illegal activity of the criminal street gang,
                is inadmissible.''.
    (b) Removal.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by 
adding at the end the following:
                    ``(F) Aliens associated with criminal gangs.--
                Unless the Secretary of Homeland Security or the 
                Attorney General waives the application of this 
                subparagraph, any alien who the Secretary of Homeland 
                Security or the Attorney General knows or has reason to 
                believe--
                            ``(i) is, or at any time after admission 
                        has been, a member of a criminal street gang 
                        (as defined in section 521(a) of title 18, 
                        United States Code); or
                            ``(ii) has participated in the activities 
                        of such a criminal street gang, knowing or 
                        having reason to know that such activities 
                        promoted, furthered, aided, or supported the 
                        illegal activity of the criminal street gang,
                is deportable.''.

SEC. 3. PENALTY FOR FAILURE TO ACCEPT AN ALIEN REMOVED FROM THE UNITED 
              STATES.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Denying Visas to Nationals of Country Denying or Delaying 
Accepting Alien.--The Secretary of Homeland Security, after making a 
determination that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, subject, 
national, or resident of that country after the alien has been ordered 
removed, and after consultation with the Secretary of State, may 
instruct the Secretary of State to deny a visa to any citizen, subject, 
national, or resident of that country until the country accepts the 
alien that was ordered removed.''.
                                 <all>