HR 4856 · 114th Congress 2015–2017, ended

To make aliens associated with a criminal gang inadmissible, deportable, and ineligible for various forms of relief.

Introduced Mar 23, 2016 Originated House Sponsor Paul A. Gosar R-AZ

Fact sheet Spreadsheet

Latest action · Apr 28, 2016 Referred to the Subcommittee on Immigration and Border Security.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMar 23, 2016
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

This bill amends the Immigration and Nationality Act to define "criminal gang."

An alien who is or was a member of a criminal gang, or who participated in gang activity knowing that such participation will promote the gang's illegal activity, shall be inadmissible and deportable.

The Department of Homeland Security may designate a group or association as a criminal gang.

Detention shall be mandatory for anyone found inadmissible or deportable for criminal street gang membership.

Individuals found inadmissible or deportable for criminal gang membership shall be barred from:

  • asylum;
  • withholding of removal;
  • temporary protected status;
  • special immigrant juvenile status;
  • deferred action; and
  • parole, unless assisting the United States in a law enforcement matter and required by the government to be present with respect to such assistance.

An alien found at a U.S. land border or port of entry who is determined to be inadmissible and a threat to public safety (certain criminals, terrorists, street gang members) shall be subject to expedited removal.

Cosponsors 25

Members who signed on, in the order they did. Signatures ran from Mar 23, 2016 to May 10, 2016; 20 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-TXBlake FarentholdOriginalMar 23, 2016
R-TXBrian BabinOriginalMar 23, 2016
R-AZDavid SchweikertOriginalMar 23, 2016
R-VAH. Morgan GriffithOriginalMar 23, 2016
R-VAJ. Randy ForbesOriginalMar 23, 2016
R-SCJeff DuncanOriginalMar 23, 2016
R-GAJody B. HiceOriginalMar 23, 2016
R-TNJohn J. Duncan, Jr.OriginalMar 23, 2016
R-CAKen CalvertOriginalMar 23, 2016
R-ALMike RogersOriginalMar 23, 2016
R-ALMo BrooksOriginalMar 23, 2016
R-TXPete OlsonOriginalMar 23, 2016
R-TXPete SessionsOriginalMar 23, 2016
R-TXRandy K. Weber, Sr.OriginalMar 23, 2016
R-TNScott DesJarlaisOriginalMar 23, 2016
R-IASteve KingOriginalMar 23, 2016
R-TXTed PoeOriginalMar 23, 2016
R-KSTim HuelskampOriginalMar 23, 2016
R-AZTrent FranksOriginalMar 23, 2016
R-NCWalter B. JonesOriginalMar 23, 2016
R-COKen BuckApr 14, 2016
R-CAPaul CookApr 14, 2016
R-TXLamar SmithMay 10, 2016
R-SCMick MulvaneyMay 10, 2016
R-FLTed S. YohoMay 10, 2016

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Mar 23, 2016
Immigration Integrity, Security, and Enforcement Subcommittee
Referred Apr 28, 2016

Actions 3

Everything that happened, newest first.

  1. Apr 28, 2016Referred to the Subcommittee on Immigration and Border Security.
  2. Mar 23, 2016Introduced in House
  3. Mar 23, 2016Referred to the House Committee on the Judiciary.

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: Article 1, Section 8, Clause 4 (the Naturalization Clause), which gives Congress sovereign control over immigration and the vesting of citizenship in aliens. In March 1790, Congress passed the first uniform rule for naturalization under the new Constitution. In Chirac v Lessee of Chirac (1817), the Supreme Court affirmed this power rests exclusively with Congress.

The sponsor’s statement, as printed in the Congressional Record, vol. 162, no. 46, March 23, 2016, page H1584.

Related bills 1

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
S 1120A bill to make aliens associated with a criminal gang inadmissible, deportable, and ineligible for various forms of relief.Identical billApr 28, 2015

Titles 1

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To make aliens associated with a criminal gang inadmissible, deportable, and ineligible for various forms of relief.

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. Mar 23, 2016Introduced in House

Support LegiList

This page is free, carries no paywall, and is built and maintained by one person. If the record here is useful to you, a few dollars keeps it going.

$1 $5 $10

Processed by Stripe in a separate window. LegiList never sees card details.

Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.