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Version 00 · Introduced in House · Feb 6, 2025
Criminal Alien Gang Member Removal Act
This bill makes non-U.S. nationals (aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups with criminal gang status.
An individual shall be inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice knows or has reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, or has participated or aided such a group's illegal activities, shall be deportable.
Showing the opening paragraphs of the official summary.
Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter.
The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by DHS.
The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for administrative and judicial review of the designation.
People & committees
Rep. Buchanan, Vern [R-FL-16] · R–FL
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the House Committee on the Judiciary.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
Source last updated: Dec 19, 2025. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-02-06 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Criminal Alien Gang Member Removal Act would make noncitizens inadmissible to the United States or subject to deportation based on current or past gang membership, or certain participation in gang activities. It would add references specifically to current or former gang membership in asylum and removal-protection provisions; their full effect cannot be established because the governing statutory language is not supplied. It would expressly deny special immigrant juvenile benefits to people covered by either new gang-related ground and bar parole for people covered by the new inadmissibility ground, with an exception requiring both assistance to U.S. law enforcement and a government need for the person's presence. The bill would authorize formal criminal-gang designations and establish review and revocation procedures. These are proposed changes; the supplied record does not establish enactment.
This Act may be cited as the Criminal Alien Gang Member Removal Act.
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 (as defined in section 101(a)(53)); or (ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.
Any alien is deportable who— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.
(1) 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.
(2) 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— (A) in clause (v), by striking or at the end; (B) by redesignating clause (vi) as clause (vii); and (C) 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
(h) 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;
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.
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).
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).
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.
Source snapshot updated 2025-12-19T21:51:42Z. 2025-02-06: Referred to the House Committee on the Judiciary. 2025-02-06: Introduced in House
The proposed definition of a criminal gang covers an ongoing group of at least five people with a primary purpose of committing listed crimes and whose members engage, or engaged within the past five years, in a continuing series of those crimes. It also covers groups formally designated as meeting those criteria.
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 listed crimes include felony drug offenses, specified immigration offenses, crimes of violence, obstruction of justice, witness-related offenses, and burglary. Offenses under federal, state, or foreign law could count, including offenses committed before enactment.
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) A crime of violence (as defined in section 16 of title 18, United States Code). (D) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary.
Other qualifying crimes would include specified identity-document and access-device fraud, peonage, slavery, human trafficking, interference with commerce through threats or violence, travel supporting racketeering enterprises, money laundering, transactions involving criminal proceeds, and interstate transportation of stolen vehicles or property. Conspiracies to commit any listed offense would also qualify.
(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 to commit an offense described in subparagraphs (A) through (E).
A noncitizen would be inadmissible—barred from admission—if a consular officer, the Homeland Security Secretary, or the Attorney General knows or has reason to believe the person is or was a gang member. The same would apply to participation in gang activities when the person knew or had reason to know the activities would support the gang's illegal activity.
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 (as defined in section 101(a)(53)); or (ii) to have participated in the activities of a criminal gang (as defined in section 101(a)(53)), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.
The bill would separately make a noncitizen deportable for current or past gang membership, or participation in gang activities with knowledge or reason to know that the activities would support illegal gang activity.
Any alien is deportable who— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.
The Homeland Security Secretary, consulting with the Attorney General, could designate qualifying groups as criminal gangs. The Secretary would have to give specified congressional leaders and relevant committee members classified written notice and a factual basis seven days before designation, then publish the designation in the Federal Register seven days after that notice.
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).
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.
The Secretary shall publish the designation in the Federal Register seven days after providing the notification under subparagraph (A).
The Secretary would have to create an administrative record supporting a designation and could consider classified information. Information would remain undisclosed while classified, except that a reviewing court could receive it privately without the opposing party present.
In making a designation under this subsection, the Secretary shall create an administrative record.
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).
A designation would remain effective until revoked or set aside by a court. A group could first petition for revocation two years after designation; after a previous petition, the next petition period would begin two years after the decision on that petition. The group would have to provide evidence that it does not meet the statutory definition.
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).
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.
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).
The Secretary would have to decide a revocation petition within 180 days and publish the decision in the Federal Register. Classified information could be considered, subject to the same confidentiality and private court-review rules.
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.
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).
A determination made by the Secretary under this clause shall be published in the Federal Register.
If no petition-based review occurred within five years, the Secretary would have to review the designation under agency-established procedures. The determination would be published, but the procedures and results of this other review would not be reviewable in court.
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).
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.
The Secretary shall publish any determination made pursuant to this subparagraph in the Federal Register.
Congress could block or revoke a designation by passing a law. The Secretary could revoke one at any time and would have to revoke it after a specified review upon finding that the group no longer qualifies or that U.S. national-security or law-enforcement interests warrant revocation. Here, national security includes national defense, foreign relations, and economic interests.
The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).
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.
the term national security means the national defense, foreign relations, or economic interests of the United States
Agency revocation would follow the designation's notice and record requirements and take effect on its specified date, or upon publication if no date is specified. Revocation by Congress or the Secretary would not affect actions or proceedings based on earlier conduct.
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.
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.
Once a designation became effective, a noncitizen facing removal could not challenge the validity of that designation as a defense or objection in the removal proceeding.
If a designation under this subsection has become effective under paragraph (2) an alien in a removal proceeding shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection.
The Secretary could amend a designation when a group changes its name, adopts an alias, dissolves and reforms under another name, or merges with another qualifying-sized group. Amendments would take effect upon publication, require an updated administrative record, and remain subject to specified notice, review, revocation, and removal-proceeding rules. Classified information could support an amendment.
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.
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.
The administrative record shall be corrected to include the amendments as well as any additional relevant information that supports those amendments.
The Secretary may consider classified information in amending a designation in accordance with this subsection.
A designated group could seek review in the U.S. Court of Appeals for the District of Columbia Circuit within 30 days after publication of a designation, amendment, or decision on a revocation petition. Review would be limited to the administrative record, except that the government could submit relevant classified information privately to the court.
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.
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.
The court would have to set aside a reviewed decision if it was arbitrary, unlawful, unconstitutional, beyond statutory authority, insufficiently supported by the record or classified information, or procedurally defective. Filing a court challenge would not suspend application of the designation provisions; a final court order setting aside the decision would be required.
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.
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.
Under its mandatory-detention provision, the bill would add a category covering people inadmissible under the new gang provision and people deportable under a cited provision. However, the detention language cites section 217(a)(2)(G), while this bill places the new deportability ground in section 237(a)(2)(G). That discrepancy leaves the deportability-based detention change uncertain.
(e) Mandatory detention of criminal gang members (1) In general Section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended
(E) is inadmissible under section 212(a)(2)(J) or deportable under section 217(a)(2)(G)
(c) Deportability Section 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following: (G) Aliens associated with criminal gangs
The Homeland Security Secretary would have to consult appropriate federal agencies and report the number of noncitizens detained under the new detention amendments to the House and Senate Judiciary Committees by March 1 each year. The bill states that this requirement begins one year after enactment.
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 paragraph (1).
Under the heading addressing inapplicability of the restriction on removal to certain countries, the bill would insert references to the new current-or-former gang-membership categories into section 241(b)(3)(B). These references use the membership clauses specifically, rather than the separate gang-participation clauses. The underlying removal-protection language is not reproduced, so the amendment's full legal effect cannot be established from the supplied text.
(1) 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.
(i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53))
(i) is or has been a member of a criminal gang (as defined in section 101(a)(53))
The amendment headed 'Ineligibility for asylum' would insert a clause referencing the new current-or-former gang-membership categories into section 208(b)(2)(A). The governing statutory language is not reproduced, limiting assessment of its full effect. The amendment also refers to a section 201 of this Act, which is not present in the supplied full text.
(2) 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
(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); or
(i) to be or to have been a member of a criminal gang (as defined in section 101(a)(53))
(i) is or has been a member of a criminal gang (as defined in section 101(a)(53))
The bill would add a clause to temporary protected status section 244(c)(2)(B) covering anyone who is, or at any time has been, described by either new gang-related ground. Unlike the asylum amendment, this language references the whole grounds, including qualifying participation as well as membership. The governing language of section 244(c)(2)(B) is not supplied, so the clause's eligibility effect cannot be established from the supplied statutory text. The bill would also replace references to the Attorney General throughout the temporary protected status section with the Homeland Security Secretary.
(g) Temporary protected status Section 244 of such Act (8 U.S.C. 1254a) is amended— (1) by striking Attorney General each place it 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).
Any alien is deportable who— (i) is or has been a member of a criminal gang (as defined in section 101(a)(53)); or (ii) has participated in the activities of a criminal gang (as so defined), knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang.
(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); or
The temporary protected status amendments would delete existing section 244(d)(3), whose contents are not supplied. They would also expressly allow the Secretary to detain someone with that status whenever appropriate under another provision of law; this added sentence is not expressly limited to gang-related cases.
(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.
For special immigrant juvenile status, the bill would deny any immigration benefit under the affected provision to a person who is, or at any time has been, covered by either new gang-related ground.
(h) 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
(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;
People covered by the new gang-related inadmissibility ground would be ineligible for the immigration permission called parole unless they are assisting or have assisted the U.S. government in a law-enforcement matter and the government requires their presence for that assistance. Meeting both conditions would provide an exception to this bar, not a guarantee of 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.
The amendments in section 2 would take effect upon enactment and would apply to acts occurring before, on, or after that date.
The amendments made by this section 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.
The supplied official-actions snapshot, updated December 19, 2025, records introduction in the House and referral to the House Judiciary Committee on February 6, 2025. It supplies no later legislative action and does not establish whether the bill subsequently advanced or became law.
Source snapshot updated 2025-12-19T21:51:42Z. 2025-02-06: Referred to the House Committee on the Judiciary. 2025-02-06: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-02-06. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No unrelated rider was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials, or an amendment's attachment history.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or formal earmark status in accompanying materials.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
The supplied text contains a narrow exception to a proposed immigration restriction. Its classification as a targeted benefit does not imply that the exception is improper.
The parole restriction includes a targeted exception for otherwise covered noncitizens who assist or have assisted the U.S. government in a law-enforcement matter and whose presence the government requires for that assistance. This preserves a route past the bill's gang-related parole bar for that limited group, without requiring parole to be granted.
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.
Full text preserved for this analysis. Legislative record snapshot: Dec 19, 2025. How PlainBill uses AI