Criminal Alien Gang Member Removal Act
Latest action · Sep 18, 2017 Received in the Senate and Read twice and referred to the Committee on the Judiciary.
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.
- IntroducedSep 7, 2017
- Passed HouseSep 14, 2017
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Criminal Alien Gang Member Removal Act
(Sec. 2) This bill amends the Immigration and Nationality Act to make an alien: (1) inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice (DOJ) knows or has reason to believe that such person is or has been a member of a criminal gang or has participated in criminal gang activities; and (2) deportable if such person is or has been a member of a criminal gang, or has participated in criminal gang activities knowing that such activities will promote illegal activity.
A "criminal gang" is defined as an ongoing group, club, organization, or association of five or more persons: (1) one of the primary purposes of which is the commission of specified criminal offenses and the members of which engage, or have engaged within the past five years, in a continuing series of such offenses; or (2) that has been designated as a criminal gang by DHS. Such offenses include: (1) felony drug offenses, (2) bringing in and harboring certain aliens, (3) assisting certain aliens to enter the United States, (4) importing aliens for immoral purposes, (5) crimes of violence, (6) obstruction of justice or witness tampering, (7) identification document fraud, (8) slavery and trafficking in persons, (9) money laundering, and (10) interstate or foreign travel in connection with a racketeering enterprise.
DHS: (1) may designate a group of five or more persons as a criminal gang based upon its conduct, and (2) shall publish a designation in the Federal Register seven days after providing congressional notification as provided for in this bill. A designation shall be effective until: (1) it is revoked or blocked by Congress; (2) DHS determines that the group no longer fits such designation or that national security or law enforcement interests warrant a revocation; or (3) it is judicially set aside. A group may file a petition for revocation with DHS. The bill prescribes DHS review provisions. A revocation of a designation shall not affect any proceeding based on conduct committed prior to the effective date of the revocation.
Within 30 days after publication of a designation, an amended designation, or a determination in response to a petition for revocation, a designated group may seek judicial review with the U.S. Court of Appeals, DC Circuit.
The bill: (1) provides for mandatory detention of alien gang members; and (2) makes alien gang members ineligible for asylum, temporary protected status, special immigrant juvenile status, and parole (unless such an alien is assisting the United States in a law enforcement matter).
Recorded votes 2
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 517 | On Passage | Passed233–175 | Sep 14, 2017 |
| House 516 | On Motion to Recommit with Instructions | Failed184–220 | Sep 14, 2017 |
Cosponsors 6
Members who signed on, in the order they did. Signatures ran from Sep 7, 2017 to Sep 12, 2017; 3 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-VA | Bob Goodlatte | Original | Sep 7, 2017 |
| R-NY | Peter T. King | Original | Sep 7, 2017 |
| R-ID | Raul R. Labrador | Original | Sep 7, 2017 |
| R-TX | Pete Sessions | Sep 11, 2017 | |
| R-TX | Jodey C. Arrington | Sep 12, 2017 | |
| R-NY | Lee M. Zeldin | Sep 12, 2017 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Sep 7, 2017 |
| Immigration Integrity, Security, and Enforcement Subcommittee | Referred Sep 7, 2017 | |
| Senate | Judiciary Committee | Referred Sep 18, 2017 |
Actions 16
Everything that happened, newest first.
- Sep 18, 2017Received in the Senate and Read twice and referred to the Committee on the Judiciary.
- Sep 14, 2017Considered under the provisions of rule H. Res. 513. (consideration: CR H7387-7401)
- Sep 14, 2017Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
- Sep 14, 2017DEBATE - The House proceeded with one hour of debate on H.R. 3697.
- Sep 14, 2017The previous question was ordered pursuant to the rule.
- Sep 14, 2017Mr. Beyer moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7399)
- Sep 14, 2017Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Beyer motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a section pertaining to Protecting Innocent Religious Workers from Deportation.
- Sep 14, 2017The previous question on the motion to recommit with instructions was ordered without objection.
- Sep 14, 2017On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 220 (Roll no. 516).
- Sep 14, 2017Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 175 (Roll no. 517). (text: CR H7387-7389)
- Sep 14, 2017Motion to reconsider laid on the table Agreed to without objection.
- Sep 13, 2017Rule H. Res. 513 passed House.
- Sep 12, 2017Rules Committee Resolution H. Res. 513 Reported to House. Rule provides for consideration of H.R. 3697 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
- Sep 7, 2017Introduced in House
- Sep 7, 2017Referred to the House Committee on the Judiciary.
- Sep 7, 2017Referred to the Subcommittee on Immigration and Border Security.
In the Congressional Record 4
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E1291 | Raul Ruiz D-CA | Sep 28, 2017 |
| House | Debate and remarks H7387–H7401, H7414Text printed H7387–H7389Motions H7399Recorded votes H7400, H7401Beyer motion to recommit (prohibit deportation of an alien for action taken on behalf of a religious organization who is providing humanitarian assistance or aid)enact | Barbara Comstock R-VA, Bob Goodlatte R-VA, Brian Babin R-TX, Donald S. Beyer, Jr. D-VA (motion), Jerrold Nadler D-NY, Jodey C. Arrington R-TX, John Conyers, Jr. D-MI, Luke Messer R-IN, Peter T. King R-NY, Raul R. Labrador R-ID, Sheila Jackson Lee D-TX, Val Butler Demings D-FL, Zoe Lofgren D-CA | Sep 14, 2017 |
| House | Debate and remarks H7325–H7334, H7378Text printed H7325Amendments H7332Recorded votes H7332, H7333consideration (H. Res. 513), previous question | Alcee L. Hastings D-FL (amendment), Doug Collins R-GA, Linda T. Sánchez D-CA, Martha Roby R-AL, Pramila Jayapal D-WA, Sheila Jackson Lee D-TX, Zoe Lofgren D-CA | Sep 13, 2017 |
| House | Declaratory Statements H7315 | — | Sep 12, 2017 |
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
The sponsor’s statement, as printed in the Congressional Record, vol. 163, no. 144, September 7, 2017, page H7182.
Printed hearings 1
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 115-15 | COMPARING 21ST CENTURY TRUST LAND ACQUISITION WITH THE INTENT OF THE 73RD CONGRESS IN SECTION 5 OF THE INDIAN REORGANIZATION ACT68 pages | Natural Resources Committee | Jul 13, 2017 |
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R45539 | Immigration: U.S. Asylum Policy Archived | Report | Feb 19, 2019 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 446 | Pursuant to the provisions of H.Res. 513 the amendment printed in the report of the Committee on Rules is considered as adopted. | Rules Committee | House amendment offered |
Related bills 5
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HRES 513 | Providing for consideration of the bill (H.R. 3697) to amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes, and providing for proceedings during the period from September 15, 2017, through September 22, 2017. | Procedurally related | Sep 13, 2017 |
| S 2380 | Criminal Alien Gang Member Removal Act | Related bill | Feb 6, 2018 |
| HR 4760 | Securing America's Future Act of 2018 | Related bill | Jun 21, 2018 |
| HR 6204 | Families First Act of 2018 | Related bill | Aug 2, 2018 |
| HR 7059 | Build the Wall, Enforce the Law Act of 2018 | Related bill | Oct 18, 2018 |
Titles 3
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.
- Short Titles as Introduced
- Criminal Alien Gang Member Removal Act
- Short Titles as Passed House
- Criminal Alien Gang Member Removal Act
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
Text 3
Each version as it was printed, newest first.
- Sep 18, 2017Referred in Senate
- Sep 14, 2017Engrossed in House
- Sep 7, 2017Introduced in House
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.