[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 599

  To amend the Immigration and Nationality Act with respect to aliens 
        associated with criminal gangs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2019

Mr. Cotton (for himself, Mrs. Blackburn, Mr. Cramer, Mr. Grassley, and 
  Mr. Tillis) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Immigration and Nationality Act with respect to aliens 
        associated with criminal gangs, 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 ``Singh's Law''.

SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG 
              MEMBERS.

    (a) Definition of Gang Member.--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 5 or more persons that has as one of 
its primary purposes the commission of 1 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)(i) A violent crime for which the term of imprisonment 
        is at least 1 year, including--
                    ``(I) any offense that has, as an element, the use, 
                attempted use, or threatened use of physical force 
                against the person or property of another; or
                    ``(II) any other offense in which the record of 
                conviction establishes that the offender used physical 
                force against the person or property of another in the 
                course of committing the offense.
            ``(ii) The entry or remaining in a building, structure or 
        habitation, including vehicles and other movable enclosures, 
        with the intent to commit a crime therein (commonly known as 
        `burglary').
            ``(D) A crime relating to obstruction of justice, tampering 
        with or retaliating against a person, victim, or informant, 
        perjury, or subornation of perjury.
            ``(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 or attempt to commit an offense 
        described in subparagraphs (A) through (C), or soliciting, 
        facilitating, or aiding and abetting any such offense.''.
    (b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C. 
1182(a)(2)) is amended by adding at the end the following:
                    ``(J) Aliens associated with criminal gangs.--Any 
                alien is inadmissible who a consular officer, the 
                Secretary of Homeland Security, or the Attorney General 
                knows or has reason to believe--
                            ``(i) to be, or to have been, a member of a 
                        criminal gang or to have participated in the 
                        activities of a criminal gang, knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang; and
                            ``(ii) has been convicted of a misdemeanor 
                        or a felony in the United States.''.
    (c) Deportability.--Section 237(a)(2) of such Act (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:
                    ``(G) Aliens associated with criminal gangs.--Any 
                alien is deportable who--
                            ``(i) is, or has been, a member of a 
                        criminal gang or has participated in the 
                        activities of a criminal gang, knowing or 
                        having reason to know that such activities will 
                        promote, further, aid, or support the illegal 
                        activity of the criminal gang; and
                            ``(ii) has been convicted of a misdemeanor 
                        or a felony in the United States.''.

SEC. 3. DESIGNATION OF CRIMINAL GANGS.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended by inserting after section 
219 the following:

``SEC. 220. DESIGNATION OF CRIMINAL GANG.

    ``(a) Designation.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        consultation with the Attorney General, may designate a group, 
        club, organization, or association of 5 or more persons as a 
        criminal gang if the Secretary finds that their conduct is 
        described in section 101(a)(53).
            ``(2) Procedure.--
                    ``(A) Notification.--Seven days before making a 
                designation under this subsection, the Secretary shall, 
                by classified communication, notify the Speaker and 
                minority leader of the House of Representatives, the 
                President pro tempore, majority leader, and minority 
                leader of the Senate, and the members of the relevant 
                committees of the House of Representatives and the 
                Senate, in writing, of the intent to designate a group, 
                club, organization, or association of 5 or more persons 
                under this subsection and the factual basis therefor.
                    ``(B) Publication in the federal register.--The 
                Secretary shall publish the designation in the Federal 
                Register seven days after providing the notification 
                under subparagraph (A).
            ``(3) Record.--
                    ``(A) In general.--In making a designation under 
                this subsection, the Secretary shall create an 
                administrative record.
                    ``(B) Classified information.--The Secretary may 
                consider classified information in making a designation 
                under this subsection. Classified information shall not 
                be subject to disclosure for such time as it remains 
                classified, except that such information may be 
                disclosed to a court ex parte and in camera for 
                purposes of judicial review under subsection (c).
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (c).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Secretary shall 
                        review the designation of a criminal gang under 
                        the procedures set forth in clauses (iii) and 
                        (iv) if the designated group, club, 
                        organization, or association of 5 or more 
                        persons files a petition for revocation within 
                        the petition period described in clause (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated group, 
                                club, organization, or association of 5 
                                or more persons has not previously 
                                filed a petition for revocation under 
                                this subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated group, 
                                club, organization, or association of 5 
                                or more persons has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any group, club, 
                        organization, or association of 5 or more 
                        persons that submits a petition for revocation 
                        under this subparagraph of its designation as a 
                        criminal gang must provide evidence in that 
                        petition that it is not described in section 
                        101(a)(53).
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Secretary shall make 
                                a determination as to such revocation.
                                    ``(II) Classified information.--The 
                                Secretary may consider classified 
                                information in making a determination 
                                in response to a petition for 
                                revocation. Classified information 
                                shall not be subject to disclosure for 
                                such time as it remains classified, 
                                except that such information may be 
                                disclosed to a court ex parte and in 
                                camera for purposes of judicial review 
                                under subsection (c).
                                    ``(III) Publication of 
                                determination.--A determination made by 
                                the Secretary under this clause shall 
                                be published in the Federal Register.
                                    ``(IV) Procedures.--Any revocation 
                                by the Secretary shall be made in 
                                accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 5-year period no 
                        review has taken place under subparagraph (B), 
                        the Secretary shall review the designation of 
                        the criminal gang in order to determine whether 
                        such designation should be revoked pursuant to 
                        paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Secretary. The 
                        results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Secretary shall publish any determination 
                        made pursuant to this subparagraph in the 
                        Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Secretary may revoke a 
                designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (B) and (C) of 
                paragraph (4) if the Secretary finds that--
                            ``(i) the group, club, organization, or 
                        association of 5 or more persons that has been 
                        designated as a criminal gang is no longer 
                        described in section 101(a)(53); or
                            ``(ii) the national security or the law 
                        enforcement interests of the United States 
                        warrants a revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
    ``(b) Amendments to a Designation.--
            ``(1) In general.--The Secretary may amend a designation 
        under this subsection if the Secretary finds that the group, 
        club, organization, or association of 5 or more persons has 
        changed its name, adopted a new alias, dissolved and then 
        reconstituted itself under a different name or names, or merged 
        with another group, club, organization, or association of 5 or 
        more persons.
            ``(2) Procedure.--Amendments made to a designation in 
        accordance with paragraph (1) shall be effective upon 
        publication in the Federal Register. Paragraphs (2), (4), (5), 
        (6), (7), and (8) of subsection (a) shall also apply to an 
        amended designation.
            ``(3) Administrative record.--The administrative record 
        shall be corrected to include the amendments as well as any 
        additional relevant information that supports those amendments.
            ``(4) Classified information.--The Secretary may consider 
        classified information in amending a designation in accordance 
        with this subsection. Classified information shall not be 
        subject to disclosure for such time as it remains classified, 
        except that such information may be disclosed to a court ex 
        parte and in camera for purposes of judicial review under 
        subsection (c) of this section.
    ``(c) Judicial Review of Designation.--
            ``(1) In general.--Not later than 30 days after publication 
        in the Federal Register of a designation, an amended 
        designation, or a determination in response to a petition for 
        revocation, the designated group, club, organization, or 
        association of 5 or more persons may seek judicial review in 
        the United States Court of Appeals for the District of Columbia 
        Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record, except that the 
        Government may submit, for ex parte and in camera review, 
        classified information used in making the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
            ``(3) Scope of review.--The Court shall hold unlawful and 
        set aside a designation, amended designation, or determination 
        in response to a petition for revocation the court finds to 
        be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole or in classified 
                information submitted to the court under paragraph (2); 
                or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation, amended designation, or 
        determination in response to a petition for revocation shall 
        not affect the application of this section, unless the court 
        issues a final order setting aside the designation, amended 
        designation, or determination in response to a petition for 
        revocation.
    ``(d) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `national security' means the national 
        defense, foreign relations, or economic interests of the United 
        States;
            ``(3) the term `relevant committees' means--
                    ``(A) the Committee on the Judiciary of the Senate; 
                and
                    ``(B) the Committee on the Judiciary of the House 
                of Representatives; and
            ``(4) the term `Secretary' means the Secretary of Homeland 
        Security, in consultation with the Attorney General.''.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 219 the 
following:

``Sec. 220. Designation of criminal gang.''.

SEC. 4. MANDATORY DETENTION OF CRIMINAL GANG MEMBERS.

    (a) In General.--Section 236(c)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by inserting ``or'' at the end; 
        and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) is inadmissible under section 212(a)(2)(J) or 
                deportable under section 217(a)(2)(G),''.
    (b) Annual Report.--Not later than March 1 of each year (beginning 
1 year after the date of the enactment of this Act), the Secretary of 
Homeland Security, after consultation with the appropriate Federal 
agencies, shall submit a report to the Committees on the Judiciary of 
the House of Representatives and of the Senate on the number of aliens 
detained under the amendments made by subsection (a).

SEC. 5. ASYLUM CLAIMS BASED ON GANG AFFILIATION.

    (a) Inapplicability of Restriction on Removal to Certain 
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause 
(i), by inserting ``who is described in section 212(a)(2)(J)(i) or 
section 237(a)(2)(G)(i) or who is'' after ``to an alien''.
    (b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such Act (8 
U.S.C. 1158(b)(2)(A)) (as amended by section 201 of this Act) is 
further amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 
                        or''.

SEC. 6. TEMPORARY PROTECTED STATUS.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a) 
is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) the alien is, or at any time has 
                        been, described in section 212(a)(2)(J) or 
                        section 237(a)(2)(G).''; and
            (3) in subsection (d)--
                    (A) by striking paragraph (3); and
                    (B) in paragraph (4), by adding at the end the 
                following: ``The Secretary of Homeland Security may 
                detain an alien provided temporary protected status 
                under this section whenever appropriate under any other 
                provision of law.''.

SEC. 7. SPECIAL IMMIGRANT JUVENILE VISAS.

    Section 101(a)(27)(J)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(iii)) is amended--
            (1) in subclause (I), by striking ``and'';
            (2) in subclause (II), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                                    ``(III) no alien who is, or at any 
                                time has been, described in section 
                                212(a)(2)(J) or section 237(a)(2)(G) 
                                shall be eligible for any immigration 
                                benefit under this subparagraph;''.

SEC. 8. PAROLE.

    An alien described in section 212(a)(2)(J) of the Immigration and 
Nationality Act, as added by subsection (b), shall not be eligible for 
parole under section 212(d)(5)(A) of such Act unless--
            (1) the alien is assisting or has assisted the United 
        States Government in a law enforcement matter, including a 
        criminal investigation; and
            (2) the alien's presence in the United States is required 
        by the Government with respect to such assistance.

SEC. 9. RONIL SINGH MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM.

    (a) Grants Authorized.--From amounts made available pursuant to 
subsection (g), the Attorney General, acting through the Office of 
Justice Programs, may award grants to States or units of local 
government to provide additional personnel, equipment, supplies, 
contractual support, training, technical assistance, and information 
systems for--
            (1) combating criminal and youth gangs through law 
        enforcement measures; and
            (2) law enforcement gang-prevention activities.
    (b) Certification.--A State or unit of local government may not 
receive a grant under this section unless--
            (1) the State or local government--
                    (A) consistently notifies U.S. Immigration and 
                Customs Enforcement before releasing criminal aliens 
                who are unlawfully present in the United States; and
                    (B) allows U.S. Immigration and Customs Enforcement 
                officers to access the detention facilities of the 
                State or local government for the purpose of 
                interviewing or taking into custody an alien described 
                in subparagraph (A); and
            (2) the Attorney General determines that the State or local 
        government has a cooperative relationship with all Federal 
        immigration authorities, including U.S. Immigration and Customs 
        Enforcement.
    (c) Program Assessment.--
            (1) In general.--Each program using grant funding 
        authorized under this section shall carry out a program 
        assessment, which shall be developed consistent with guidelines 
        established by the Attorney General, in coordination with the 
        National Institute of Justice.
            (2) Waiver.--The Attorney General may waive the application 
        of paragraph (1) with respect to a program that, in the opinion 
        of the Attorney General, is not of sufficient size to justify a 
        full program assessment.
    (d) Prohibited Uses.--Notwithstanding any other provision of this 
Act, funds provided under this section may not be used, directly or 
indirectly for--
            (1) security enhancements or any equipment to any 
        nongovernmental entity that is not engaged in criminal justice 
        or public safety; or
            (2) vehicles (excluding police cruisers), vessels 
        (excluding police boats), aircraft (excluding police 
        helicopters), luxury items, real estate, construction projects 
        (other than penal or correctional institutions), or similar 
        items unless the Attorney General certifies that extraordinary 
        and exigent circumstances exist that make such uses essential 
        to the maintenance of public safety and good order.
    (e) Administrative Costs.--Not more than 10 percent of any grant 
awarded under this section may be used for costs incurred to administer 
such grant.
    (f) Grant Accountability.--
            (1) Defined term.--In this subsection the term ``unresolved 
        audit finding'' means an audit report finding in the final 
        audit report of the Inspector General of the Department of 
        Justice that the grantee has used grant funds for an 
        unauthorized expenditure or otherwise unallowable cost that is 
        not closed or resolved during the 12-month period beginning on 
        the date on which the final audit report is issued.
            (2) Audit requirement.--
                    (A) In general.--Beginning on the first day of the 
                first fiscal year beginning after the date of the 
                enactment of this Act, the Inspector General of the 
                Department of Justice shall--
                            (i) conduct audits of grant recipients 
                        under this section to prevent waste, fraud, and 
                        abuse of funds by grantees; and
                            (ii) determine the appropriate number of 
                        grantees to be audited each year.
                    (B) Mandatory exclusion.--A grant recipient under 
                this section that has an unresolved audit finding shall 
                not be eligible to receive grant funds under this 
                section during the first 2 fiscal years beginning after 
                the end of the 12-month period described in paragraph 
                (1).
                    (C) Reimbursement.--If an entity is awarded grant 
                funds under this section during the period during which 
                the entity is barred from receiving grants under 
                subparagraph (B), the Attorney General shall--
                            (i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to the grantee into the General Fund of the 
                        Treasury; and
                            (ii) seek to recoup the costs of the 
                        repayment to the fund from the grant recipient 
                        that was erroneously awarded grant funds.
                    (D) Priority.--In awarding grants under this 
                section, the Attorney General shall give priority to 
                eligible applicants that did not have an unresolved 
                audit finding during the 3 fiscal years before 
                submitting an application for such a grant.
            (3) Conference expenditures.--
                    (A) Limitation.--Amounts appropriated to the 
                Department of Justice pursuant to subsection (g) may 
                not be used by the Attorney General, or by any 
                individual or entity awarded discretionary funds 
                through a cooperative agreement under this section, to 
                host or support any expenditure for conferences that 
                uses more than $20,000 in funds made available to the 
                Department of Justice, unless the Deputy Attorney 
                General or the appropriate Assistant Attorney General, 
                Director, or principal deputy (as designated by the 
                Deputy Attorney General) provides prior written 
                authorization that the funds may be expended to host 
                the conference.
                    (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food, beverages, audio-visual equipment, 
                honoraria for speakers, and entertainment.
                    (C) Report.--The Deputy Attorney General shall 
                submit an annual report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives that details 
                all conference expenditures approved under this 
                paragraph.
            (4) Annual certification.--Beginning on the first day of 
        the first fiscal year after the date of the enactment of this 
        Act, the Attorney General shall submit an annual certification 
        to the Committee on the Judiciary of the Senate, the Committee 
        on Appropriations of the Senate, the Committee on the Judiciary 
        of the House of Representatives, and the Committee on 
        Appropriations of the House of Representatives that--
                    (A) indicates whether--
                            (i) all audits conducted by the Office of 
                        the Inspector General pursuant to paragraph (2) 
                        have been completed and reviewed by the 
                        appropriate Assistant Attorney General or 
                        Director;
                            (ii) all mandatory exclusions required 
                        under paragraph (2)(B) have been issued; and
                            (iii) all reimbursements required under 
                        paragraph (2)(C) have been made; and
                    (B) includes a list of any grant recipients 
                excluded under paragraph (2)(B) from the previous year.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000,000, for each of the fiscal years 2020 through 
2023, for grants under this section. Amounts appropriated pursuant to 
this subsection shall remain available until expended.

SEC. 10. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the date of 
the enactment of this Act and shall apply to acts that occur before, 
on, or after the date of the enactment of this Act.
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