S.Amdt. 1711

1. Adds SEC. __. CRIMINAL GANGS wherever appropriate

   Adds a section

   Inserted: SEC. __. CRIMINAL GANGS.

   Inserted: (a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 1101(a)) is amended by inserting after paragraph (51) the following:

   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).

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   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:

   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.

   Inserted: (e) Inapplicability of Other Amendments.--The amendments made by section 3701 of this Act shall have no force or effect.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed