S.Amdt. 1570

SA 1570. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 1183 submitted by Mr. Leahy (for himself and Mr. Hatch)
to the bill S. 744, to provide for comprehensive immigration reform and
for other purposes; which was ordered to lie on the table; as follows:

In title III, beginning on page 247, strike line 11 and all
that follows through page 251, line 7, and insert the
following:

SEC. 3701. CRIMINAL GANGS.

(a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C.
1101(a)) is amended by adding after paragraph (54), as added
by section 4211(g) of this Act, the following:
``(55)(A) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons--
``(i) that has as 1 of its primary purposes the commission
of 1 or more of the criminal offenses described in
subparagraph (B); and
``(ii) the members of which engage, or have engaged within
the past 5 years, in a continuing series of offenses
described in subparagraph (B).
``(B) The offenses described in this subparagraph, whether
in violation of Federal or State law or in violation of the
law of a foreign country, are the following:
``(i) A felony drug offense (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802)).
``(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).
``(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).
``(iv) A felony crime of violence (as defined in section 16
of title 18, United States Code).
``(v) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant,
or burglary
``(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).
``(vii) Conspiracy to commit an offense described in
specified in clauses (i) through (vi).''.
(b) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended by inserting after subparagraph (I)
the following:
``(J) Aliens in criminal gangs.--Any alien is inadmissible
who--

[[Page S5037]]

``(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
``(ii) is determined by an immigration judge to be a danger
to the community.''.
(c) Grounds for Deportation.--Section 237(a)(2) (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Aliens in criminal gangs.--Any alien is removable
who--
``(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
``(ii) is determined by an immigration judge to be a danger
to the community.''.
(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--
(1) is a member of a criminal gang (as defined in section
101(a)(55) 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
(2) has been determined by the Secretary to be a danger to
the community.
______