S. 1168

A bill to amend section 212 of the Immigration and Nationality Act to make inadmissible individuals who law enforcement knows, or has reasonable grounds to believe, seek entry into the United States to participate in illegal activities with criminal gangs located in the United States.

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II

109th CONGRESS

1st Session

S. 1168

IN THE SENATE OF THE UNITED STATES

June 6, 2005

Mr. Nelson of Florida introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To amend section 212 of the Immigration and Nationality Act to make inadmissible individuals who law enforcement knows, or has reasonable grounds to believe, seek entry into the United States to participate in illegal activities with criminal gangs located in the United States.

1.

Findings

Congress finds that—

(1)

violent crimes committed by criminal street gangs in cities throughout the United States has been increasing;

(2)

these criminal gangs have been involved in human smuggling, drug trafficking, arms smuggling, brutal killings, and other violent crimes; and

(3)

individuals are entering the United States with the intent of joining criminal gangs based in the United States and engaging in criminal activity.

2.

Criminal gang activity

Section 212(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:

(J)

Criminal gang activity

(i)

In general

Any alien who a consular officer or the Attorney General knows, or has reasonable grounds to believe, seeks to enter the United States to engage, solely, principally, or incidentally in a criminal street gang located in the United States is inadmissible.

(ii)

Definition

In this subparagraph, the term criminal street gang means an ongoing group, club, organization, or association of 5 or more individuals that commits a violation of Federal or State law that is punishable by imprisonment of 1 year or more.

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