[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4996 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4996

     To amend the Immigration and Nationality Act to provide that 
   individuals who naturalized under title III of that Act, who are 
     affiliated with a criminal gang, are subject to revocation of 
                  citizenship, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2018

  Mr. Zeldin introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To amend the Immigration and Nationality Act to provide that 
   individuals who naturalized under title III of that Act, who are 
     affiliated with a criminal gang, are subject to revocation of 
                  citizenship, 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 ``Protecting Our Communities from Gang 
Violence Act of 2018''.

SEC. 2. CRIMINAL GANG MEMBERS AND SUPPORTERS DISQUALIFIED FROM GOOD 
              MORAL CHARACTER PROVISION.

    Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 
1101(f)) is amended--
            (1) in paragraph (8), by striking ``or'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; or'';
            (3) by inserting after paragraph (9), the following:
            ``(10) one whom the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary of Homeland Security or the Attorney General, to 
        be an alien who--
                    ``(A) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal gang;
                    ``(B) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal street gang as defined in section 520 of 
                title 18, United States Code; or
                    ``(C) has been convicted of or has admitted 
                committing the essential elements of the following 
                offenses--
                            ``(i) a felony drug offense (as defined in 
                        section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802)); or
                            ``(ii) has engaged in conduct punishable 
                        under section 274, 277, or 278 of the 
                        Immigration and Nationality Act; or
                            ``(iii) committed a crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code); or
                            ``(iv) committed a crime involving 
                        obstruction of justice, tampering with or 
                        retaliating against a witness, victim, or 
                        informant, or burglary; or
                            ``(v) engaged in conduct punishable under 
                        section 1028 or 1029, and sections 1541 through 
                        1546 of title 18, United States Code; or
                            ``(vi) engaged in conduct punishable under 
                        sections 1581 through 1594 of title 18, United 
                        States Code; or
                            ``(vii) engaged in conduct punishable under 
                        sections 1951, 1952, 1956, and 1957 of title 
                        18, United States Code; or
                            ``(viii) engaged in conduct punishable 
                        under sections 2312 through 2315 of title 18, 
                        United States Code; or
                            ``(ix) attempted to engage in an offense 
                        described in paragraphs (1) through (8) above, 
                        or engaged in conduct punishable under sections 
                        2 through 4, and sections 371 through 373 of 
                        title 18, United States Code, in furtherance of 
                        such an offense.''; and
            (4) by adding at the end, at the end of the matter 
        following paragraph (10) (as inserted in this section), the 
        following: ``An alien shall be deemed to have `admitted the 
        essential elements of an offense' upon an oral or written 
        statement to such effect, or upon a conviction or formal 
        finding by a competent Federal, State or local court, tribunal 
        or military proceeding that said person has engaged in unlawful 
        conduct whose essential elements include those that would be 
        required for conviction of a disqualifying offense. A 
        determination by the Secretary of Homeland Security or Attorney 
        General that an alien does not exhibit good moral character 
        based on gang membership, association, affiliation, or 
        provision of material support, may be based upon any relevant 
        information or evidence, including classified, law enforcement 
        sensitive, or national security information and shall be 
        binding upon any court regardless of the applicable standard of 
        review.''.

SEC. 3. DEFINITION OF CRIMINAL GANG.

    Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)) is amended by adding at the end the following:
            ``(53) The term `criminal gang' means an ongoing group, 
        club, organization, or association of five or more persons that 
        has as one of its primary purposes the commission of one or 
        more of the following criminal offenses and the members of 
        which engage, or have engaged within the past 5 years, in a 
        continuing series of such offenses, or that has been designated 
        as a criminal gang by the Secretary of Homeland Security, in 
        consultation with the Attorney General, as meeting these 
        criteria. The offenses described, whether in violation of 
        Federal or State law or foreign law and regardless of whether 
        the offenses occurred before, on, or after the date of the 
        enactment of this paragraph, are the following:
                    ``(A) A `felony drug offense' (as defined in 
                section 102 of the Controlled Substances Act (21 U.S.C. 
                802)).
                    ``(B) An offense under section 274 (relating to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                importation of alien for immoral purpose).
                    ``(C) A crime of violence (as defined in section 16 
                of title 18, United States Code).
                    ``(D) A crime involving obstruction of justice, 
                tampering with or retaliating against a witness, 
                victim, or informant, or burglary.
                    ``(E) Any conduct punishable under sections 1028 
                and 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery, and trafficking in persons), section 1951 of 
                such title (relating to interference with commerce by 
                threats or violence), section 1952 of such title 
                (relating to interstate and foreign travel or 
                transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property).
                    ``(F) A conspiracy to commit an offense described 
                in subparagraphs (A) through (E).''.

SEC. 4. PROHIBITION AGAINST FILING.

    (a) In General.--No person who--
            (1) is or has ever been a member, associate or affiliate 
        of, or who has ever provided material support to, a criminal 
        gang as defined in section 101 of the Immigration and 
        Nationality Act;
            (2) is or has ever been a member, associate or affiliate 
        of, or who has ever provided material support to, a criminal 
        street gang as defined in section 520 of title 18 of the United 
        States Code; or
            (3) has been convicted of or has admitted the essential 
        elements of an offense as specified in subsection (b),
shall be permitted to file an application or petition, or submit an 
affidavit of support, on behalf of an alien under any provision of the 
immigration laws, nor shall such person be permitted to assume 
custodial care for an unaccompanied alien minor.
    (b) Disqualifying Offenses.--Offenses which disqualify a person 
under subsection (a) are--
            (1) a felony drug offense (as defined in section 102 of the 
        Controlled Substances Act (21 U.S.C. 802));
            (2) conduct punishable under section 274, 277, or 278 of 
        the Immigration and Nationality Act;
            (3) a crime of violence (as defined in section 16 of title 
        18, United States Code);
            (4) a crime involving obstruction of justice, tampering 
        with or retaliating against a witness, victim, or informant, or 
        burglary;
            (5) conduct punishable under section 1028 or 1029, and 
        sections 1541 through 1546 of title 18 of the United States 
        Code;
            (6) conduct punishable under sections 1581 through 1594 of 
        title 18 of the United States Code;
            (7) sections 1951, 1952, 1956, and 1957 of title 18 of the 
        United States Code;
            (8) sections 2312 through 2315 of title 18 of the United 
        States Code; or
            (9) any attempt to engage in an offense described in 
        paragraphs (1) through (8) above, or conduct punishable under 
        sections 2 through 4, and sections 371 through 373 of title 18 
        of the United States Code in furtherance of such an offense.
    (c) Admission of Essential Elements of an Offense.--A person shall 
be deemed to have admitted the essential elements of an offense within 
the meaning of subsection (a)(3) upon an oral or written statement to 
such effect, or upon a conviction or formal finding by a competent 
Federal, State or local court, tribunal or military proceeding that 
said person has engaged in unlawful conduct whose essential elements 
include those that would be required for conviction of a disqualifying 
offense as described in subsection (b).

SEC. 5. DENATURALIZATION OF CRIMINAL GANG MEMBERS AND SUPPORTERS.

    Section 340 of the Immigration and Nationality Act (8 U.S.C. 1451) 
is amended by striking subsection (c) and inserting the following 
language:
    ``(c) Membership in Certain Organizations; Prima Facie Evidence.--
            ``(1) In general.--If a person who shall have been 
        naturalized after December 24, 1952, shall within 10 years 
        following such naturalization become a member of or affiliated 
        with any organization, membership in or affiliation with which 
        at the time of naturalization would have precluded such person 
        from naturalization under the provisions of section 313, it 
        shall be considered prima facie evidence that such person was 
        not attached to the principles of the Constitution of the 
        United States and was not well disposed to the good order and 
        happiness of the United States at the time of naturalization, 
        and, in the absence of countervailing evidence, it shall be 
        sufficient in the proper proceeding to authorize the revocation 
        and setting aside of the order admitting such person to 
        citizenship and the cancellation of the certificate of 
        naturalization as having been obtained by concealment of a 
        material fact or by willful misrepresentation, and such 
        revocation and setting aside of the order admitting such person 
        to citizenship and such canceling of certificate of 
        naturalization shall be effective as of the original date of 
        the order and certificate, respectively.
            ``(2) Organization, membership in or affiliation with which 
        at the time of naturalization would have precluded such person 
        from naturalization.--The phrase `any organization, membership 
        in or affiliation with which at the time of naturalization 
        would have precluded such person from naturalization' shall be 
        deemed to include an alien who--
                    ``(A) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal gang;
                    ``(B) is or has ever been a member, associate or 
                affiliate of, or who has ever provided material support 
                to, a criminal street gang as defined in section 520 of 
                title 18 of the United States Code; or
                    ``(C) has been convicted of or has admitted 
                committing the essential elements of the following 
                offenses--
                            ``(i) a felony drug offense (as defined in 
                        section 102 of the Controlled Substances Act 
                        (21 U.S.C. 802));
                            ``(ii) has engaged in conduct punishable 
                        under section 274, 277, or 278;
                            ``(iii) committed a crime of violence (as 
                        defined in section 16 of title 18, United 
                        States Code);
                            ``(iv) committed a crime involving 
                        obstruction of justice, tampering with or 
                        retaliating against a witness, victim, or 
                        informant, or burglary;
                            ``(v) engaged in conduct punishable under 
                        section 1028 or 1029, and sections 1541 through 
                        1546 of title 18 of the United States Code;
                            ``(vi) engaged in conduct punishable under 
                        sections 1581 through 1594 of title 18 of the 
                        United States Code; or engaged in conduct 
                        punishable under sections 1951, 1952, 1956, and 
                        1957 of title 18 of the United States Code;
                            ``(vii) engaged in conduct punishable under 
                        sections 2312 through 2315 of title 18 of the 
                        United States Code; or
                            ``(viii) attempted to engage in an offense 
                        described in clauses (i) through (viii) above, 
                        or engaged in conduct punishable under sections 
                        2 through 4, and sections 371 through 373 of 
                        title 18 of the United States Code in 
                        furtherance of such an offense.
            ``(3) Deemed to have admitted.--An alien shall be deemed to 
        have admitted the essential elements of an offense within the 
        meaning of paragraph (2)(C) upon an oral or written statement 
        to such effect, or upon a conviction or formal finding by a 
        competent Federal, State or local court, tribunal or military 
        proceeding that said person has engaged in unlawful conduct 
        whose essential elements include those that would be required 
        for conviction of a disqualifying offense.''.

SEC. 6. EFFECTIVE DATE AND APPLICATION.

    The amendments made by this Act shall take effect on the date of 
the enactment, shall apply to any act that occurred before, on, or 
after the date of enactment, and shall apply to any application for 
naturalization or any other benefit or relief, or any other case or 
matter under the immigration laws pending on or filed after the date of 
enactment of this Act.
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