S.Amdt. 1299

1. Rewrites section 3701

   Replaces

   In S. 744 · Reported to Senate

   SEC. 3701. CRIMINAL [struck: STREET ]GANGS.

   (a) [struck: Inadmissibility][inserted: Definition of Criminal Gang].--Section [struck: 212][inserted: 101](a)[struck: (2)] (8 U.S.C. [struck: 1182][inserted: 1101](a)[struck: (2])[struck: )] is amended by inserting after [struck: subparagraph][inserted: paragraph] ([struck: I][inserted: 51]) the following:

   Struck: "(J) Aliens in criminal street gangs.--

   Struck: "(i) In general.--Any alien is inadmissible--

   Struck: "(I) who has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code) and the alien--

   Struck: "(aa) had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and

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   Struck: "(bb) acted with the intention to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; or

   Struck: "(II) subject to clause (ii), who is 18 years of age or older, who is physically present outside the United States, whom the Secretary determines by clear and convincing evidence, based upon law enforcement information deemed credible by the Secretary, has, since the age of 18, knowingly and willingly participated in a criminal street gang with knowledge that such participation promoted or furthered the illegal activity of the gang.

   Struck: "(ii) Waiver.--The Secretary may waive clause (i)(II) if the alien has renounced all association with the criminal street gang, is otherwise admissible, and is not a threat to the security of the United States.".

   Struck: (b) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

   Struck: "(G) Aliens associated with criminal street gangs.--Any alien is removable who has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code), and the alien--

   Struck: "(i) had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and

   Struck: "(ii) acted with the intention to promote or further the felonious activities the criminal street gang or increase his or her position in such gang.".

   Struck: (c) Ground of Ineligibility for Registered Provisional Immigrant Status.--

   Struck: (1) In general.--An alien who is 18 years of age or older is ineligible for registered provisional immigrant status if the Secretary determines that the alien--

   Struck: (A) has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code, and the alien--

   Struck: (i) had knowledge that the gang's members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and

   Struck: (ii) acted with the intention to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in such gang; or

   Struck: (B) subject to paragraph (2), any alien who is 18 years of age or older whom the Secretary determines by clear and convincing evidence, based upon law enforcement information deemed credible by the Secretary, has, since the age of 18, knowingly and willingly participated in a such gang with knowledge that such participation promoted or furthered the illegal activity of such gang.

   Struck: (2) Waiver.--The Secretary may waive the application of paragraph (1)(B) if the alien has renounced all association with the criminal street gang, is otherwise admissible, and is not a threat to the security of the United States.

   Inserted: "(52)(A) The term 'criminal gang' means an ongoing group, club, organization, or association of 5 or more persons--

   Inserted: "(i) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subparagraph (B); and

   Inserted: "(ii) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B).

   Inserted: "(B) The offenses described in this subparagraph are the following, whether in violation of Federal or State law or in violation of the law of a foreign country:

   Inserted: "(i) A felony drug offense (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).

   Inserted: "(ii) A felony offense involving firearms or explosives or in violation of section 931 of title 18, United States Code (relating to purchase, ownership, or possession of body armor by violent felons).

   Inserted: "(iii) 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).

   Inserted: "(iv) A felony crime of violence (as defined in section 16 of title 18, United States Code).

   Inserted: "(v) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary

   Inserted: "(vi) 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 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).

   Inserted: "(vii) Conspiracy to commit an offense described in specified in clauses (i) through (vi).".

   Inserted: (b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended by inserting after subparagraph (I) the following:

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   Inserted: "(J) Aliens in criminal gangs.--Any alien is inadmissible who--

   Inserted: "(i) is a member of a criminal gang unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a criminal gang; and

   Inserted: "(ii) is determined by an immigration judge to be a danger to the community.".

   Inserted: (c) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:

   Inserted: "(G) Aliens in criminal gangs.--Any alien is removable who--

   Inserted: "(i) is a member of a criminal gang unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a criminal gang; and

   Inserted: "(ii) is determined by an immigration judge to be a danger to the community.".

   Inserted: (d) Ground of Ineligibility for Registered Provisional Immigrant Status.--An alien who is 18 years of age or older is ineligible for registered provisional immigrant status if the Secretary determines that the alien--

   Inserted: (1) is a member of a criminal gang (as defined in section 101(a)(52) of the Immigration and Nationality Act, as amended by subsection (a)) unless the alien can demonstrate by clear and convincing evidence that the alien did not know, and should not reasonably have known, that the organization was a criminal gang; and

   Inserted: (2) has been determined by the Secretary to be a danger to the community.

   Original wording

   Strike section 3701 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed