PlainBillCongress, translated.Legislation. Context. Public interest.Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 8.
Congressional Research Service
Version 00 · Introduced in House · Jan 3, 2025
Deport Alien Gang Members 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 as criminal gangs.
An individual shall be inadmissible if certain officers or agencies know or have 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, has participated or aided such a group's illegal activities, or seeks to enter or has entered the United States in furtherance of such activity 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 the Department of Homeland Security (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 review of the designation.
People & committees
Rep. McClintock, Tom [R-CA-5] · R–CA
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 8.
Committee Consideration and Mark-up Session Held
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: Jun 6, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2025-01-03 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.
This bill would expand the grounds for denying noncitizens entry to the United States or deporting them because of current or past gang membership or specified involvement in gang activities. It would also restrict immigration protections and benefits for people covered by those grounds. The proposal would establish a process for officially designating criminal gangs, with review and revocation procedures. Its amendments would apply to conduct before enactment as well as later conduct.
Any alien is inadmissible who a consular officer, an immigration officer, the Secretary of Homeland Security, or the Attorney General knows, or has reason to believe— (i) is, or has been, a member of a criminal gang; (ii) has promoted, conspired with, aided, or participated in the activities of a criminal gang, whether within or outside of the United States;
Any alien is deportable who— (i) is or has been a member of a criminal gang; or (ii) has promoted, conspired with, aided, or participated in the activities of a criminal gang, whether within or outside of the United States.
shall be ineligible for any other relief under the immigration laws
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 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 bill would be called the Deport Alien Gang Members Act.
This Act may be cited as the Deport Alien Gang Members Act.
A criminal gang would mean an ongoing group of at least five people with a primary purpose of committing listed offenses and whose members engage, or engaged within the past five years, in a continuing series of those offenses. The definition would also cover groups officially designated as meeting those criteria. Offenses inside or outside the United States, including those before enactment, could count.
The term criminal gang means an ongoing group, club, organization, or association of 5 or more persons that has as 1 of its primary purposes the commission of 1 or more of the offenses described in this paragraph 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 offenses described, whether committed, in whole or in part, within or outside of the United States and regardless of whether the offenses occurred before, on, or after the date of the enactment of this paragraph, are the following:
Qualifying drug offenses would need to be punishable by more than one year in prison. Domestic offenses could involve substances controlled under the relevant domestic law even if not federally controlled; foreign drug offenses would need to involve a federally defined controlled substance. The list would also include firearms or explosives offenses punishable by more than one year, and the specified federal body-armor offense.
(A) A Federal, State, local, or Tribal offense that is punishable by imprisonment for more than 1 year and relates to a controlled substance (as so classified under the relevant Federal, State, local, or Tribal law), regardless of whether the substance is classified as a controlled substance under section 102 of the Controlled Substances Act (21 U.S.C. 802). (B) A foreign offense that is punishable by imprisonment for more than 1 year and relates to a controlled substance as defined under section 102 of the Controlled Substances Act (21 U.S.C. 802).
(C) An offense that is punishable by imprisonment for more than 1 year and involves firearms or explosives (as defined under the relevant Federal, State, local, Tribal, or foreign law) or in violation of section 931 of title 18, United States Code (relating to purchase, ownership, or possession of body armor by violent felons).
Other qualifying offenses would include specified immigration offenses, crimes of violence, obstruction of justice, witness-related offenses, burglary, and specified fraud, identity theft, slavery, trafficking, racketeering, money-laundering and stolen-property offenses. Conspiracies to commit any listed offense would also count.
(D) 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). (E) A crime of violence (as defined in section 16(a) of title 18, United States Code). (F) A crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary (as such terms are defined under the relevant Federal, State, local, Tribal, or foreign law).
(G) Any conduct punishable under sections 1028, 1028A, and 1029 of title 18, United States Code (relating to fraud, aggravated identity theft or 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). (H) A conspiracy to commit an offense described in subparagraphs (A) through (G).
A noncitizen would be inadmissible—barred from admission—if a listed official knows or has reason to believe the person is or was a gang member, engaged in specified support or participation, or seeks entry or entered to further gang activities. The ground expressly covers gang activities abroad.
Any alien is inadmissible who a consular officer, an immigration officer, the Secretary of Homeland Security, or the Attorney General knows, or has reason to believe— (i) is, or has been, a member of a criminal gang; (ii) has promoted, conspired with, aided, or participated in the activities of a criminal gang, whether within or outside of the United States; or (iii) seeks to enter the United States, or has entered the United States, in furtherance of the activities of a criminal gang, whether those activities take place within or outside of the United States.
The bill would create a deportation ground for current or former criminal-gang members and for noncitizens who promoted, conspired with, aided or participated in gang activities inside or outside the United States.
Any alien is deportable who— (i) is or has been a member of a criminal gang; or (ii) has promoted, conspired with, aided, or participated in the activities of a criminal gang, whether within or outside of the United States.
The Homeland Security Secretary, consulting the Attorney General, could officially designate groups meeting the gang definition. The Secretary would have to give specified congressional leaders and relevant committee members classified written notice and the factual basis seven days before designation, then publish the designation in the Federal Register seven days after 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).
7 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 7 days after providing the notification under subparagraph (A).
The Secretary would have to create an administrative record supporting a designation and could use classified information. That information would remain protected while classified, but could be shown privately to a reviewing court without the other 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 continue until revoked or set aside by a court. A designated group could petition for revocation starting two years after designation, or two years after the decision on its previous petition. It would have to provide evidence that it does not meet the gang 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).
(I) if the designated group, club, organization, or association of 5 or more persons has not previously filed a petition for revocation under this subparagraph, 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 30 days of receiving it and publish the decision. Classified information could be used, with the same limited disclosure to a reviewing court.
Not later than 30 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 during a five-year period, the Secretary would have to review the designation. These other reviews would use procedures established by the Secretary, and their results and procedures would not be reviewable in court. The determination would have to be published.
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).
If a review does not take place pursuant to subparagraph (B) in response to a petition for revocation that is filed in accordance with that subparagraph, 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 prescribed review if the group no longer qualified or U.S. national-security or law-enforcement interests warranted revocation. National security would include national defense, foreign relations and U.S. 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
A Secretary-issued revocation would follow the designation's notification and record procedures and take effect on its specified date, or on publication if no date were specified. Revocation would not affect actions or proceedings based on earlier conduct. A noncitizen in removal proceedings could not challenge the validity of an effective designation as a defense or objection.
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.
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 reconstitutes under another name, or merges with another group. Amendments would take effect on publication, require an updated record and could rely on classified information.
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.
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 federal appeals court for the District of Columbia Circuit within 30 days after publication of a designation, amendment or petition decision. Review would be limited to the administrative record, plus classified information the government could submit 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 for specified legal, constitutional, evidentiary or procedural defects. Filing a court challenge would not suspend its application; a final order setting it aside would be required. The court would have to expedite review.
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.
It shall be the duty of the Court to advance on the docket and expedite to the greatest possible extent the disposition of any case considered under this subsection.
The mandatory-detention subsection would add a category referencing the new inadmissibility ground. Its deportability reference says section 217(a)(2)(G), although the bill creates that ground in section 237(a)(2). This mismatch makes the deportability branch uncertain as written.
(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 annually to both Judiciary Committees on the number detained under the detention amendment. The stated deadline is March 1 each year, beginning 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 headings addressing restrictions on removal to certain countries and asylum ineligibility, the bill would insert references to people covered by the current-or-former-membership clauses into sections 241(b)(3)(B) and 208(b)(2)(A). These particular amendments cite the membership clauses, rather than every new gang-association ground. The existing governing statutory language is absent, so the full effects cannot be confirmed from the insertions alone. The asylum amendment also refers to section 201 of this Act, which is absent from the supplied bill.
(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
(vi) the alien is described in section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); or
(i) is, or has been, a member of a criminal gang;
(i) is or has been a member of a criminal gang;
The bill would insert a clause into section 244(c)(2)(B) covering anyone who is, or at any time has been, described by either new gang-related ground. Its effect on temporary-protected-status eligibility cannot be confirmed without the existing governing language of that subparagraph, which is not supplied. The bill would also replace references to the Attorney General throughout section 244 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).
The temporary-protected-status amendments would delete section 244(d)(3), whose existing text is not supplied. They would also expressly allow the Secretary to detain a person with that status whenever appropriate under another provision of law; that sentence contains no express gang-related limitation.
(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.
Anyone who is, or at any time has been, covered by either new gang-related ground would be ineligible for immigration benefits under the special immigrant juvenile provision.
(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;
The bill would bar immigration parole under the cited statute for people covered by the new inadmissibility ground, with a narrow exception. Both conditions would have to be met: the person is assisting or has assisted the U.S. government in a law-enforcement matter, and the government requires the person's presence in the United States for that assistance. The exception would not itself grant 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.
People covered by either new gang-related ground would also be ineligible for any other relief under immigration laws. This expressly includes relief under section 2242 of the named 1999 appropriations law and its regulations. Those provisions are not reproduced, so the specific protections affected by that reference cannot be detailed from the supplied text.
An alien described in section 212(a)(2)(J) or 237(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(J) or 1227(a)(2)(G)) shall be ineligible for any other relief under the immigration laws, including under section 2242 of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (and any regulations issued pursuant to such section).
The section 2 amendments would take effect upon enactment and apply to acts 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 June 6, 2026 source snapshot records introduction and referral to the House Judiciary Committee on January 3, 2025. It records committee consideration and markup on June 3, 2026, and an order that day to report the bill as amended by a 15–8 vote. That entry describes committee action, not enactment.
Source snapshot updated 2026-06-06T08:06:26Z. 2026-06-03: Ordered to be Reported (Amended) by the Yeas and Nays: 15 - 8. 2026-06-03: Committee Consideration and Mark-up Session Held 2025-01-03: Referred to the House Committee on the Judiciary. 2025-01-03: Introduced in House
A closer look
Reviewed version: Introduced in House · 2025-01-03. 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 provision or policy change attached to appropriations was identified in the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials.
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 in the complete supplied introduced text. This conclusion is limited to that version; it does not establish absence in other versions or accompanying materials, and formal earmark status cannot be established without the relevant 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. Identifying the exception does not establish that it is unjustified.
People covered by the proposed gang-related inadmissibility ground who assist or have assisted the U.S. government in a law-enforcement matter would receive a narrow exception to the bill's parole bar if the government requires their presence for that assistance. This preserves a possibility of parole within the bill's main immigration policy; it does not guarantee 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.
Full text preserved for this analysis. Legislative record snapshot: Jun 6, 2026. How PlainBill uses AI