HR 3697 · 115th Congress 2017–2019, ended

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.

  1. IntroducedSep 7, 2017
  2. Passed HouseSep 14, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. 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 callQuestionResultDate
House 517Passed233–175Sep 14, 2017
House 516Failed184–220Sep 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.

SeatCosponsorSigned on
R-VABob GoodlatteOriginalSep 7, 2017
R-NYPeter T. KingOriginalSep 7, 2017
R-IDRaul R. LabradorOriginalSep 7, 2017
R-TXPete SessionsSep 11, 2017
R-TXJodey C. ArringtonSep 12, 2017
R-NYLee M. ZeldinSep 12, 2017

Committees 2

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

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Sep 7, 2017
Immigration Integrity, Security, and Enforcement Subcommittee
Referred Sep 7, 2017
SenateJudiciary Committee
Referred Sep 18, 2017

Actions 16

Everything that happened, newest first.

  1. Sep 18, 2017Received in the Senate and Read twice and referred to the Committee on the Judiciary.
  2. Sep 14, 2017Considered under the provisions of rule H. Res. 513. (consideration: CR H7387-7401)
  3. 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.
  4. Sep 14, 2017DEBATE - The House proceeded with one hour of debate on H.R. 3697.
  5. Sep 14, 2017The previous question was ordered pursuant to the rule.
  6. Sep 14, 2017Mr. Beyer moved to recommit with instructions to the Committee on the Judiciary. (text: CR H7399)
  7. 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.
  8. Sep 14, 2017The previous question on the motion to recommit with instructions was ordered without objection.
  9. Sep 14, 2017On motion to recommit with instructions Failed by the Yeas and Nays: 184 - 220 (Roll no. 516).
  10. Sep 14, 2017Passed/agreed to in House: On passage Passed by the Yeas and Nays: 233 - 175 (Roll no. 517). (text: CR H7387-7389)
  11. Sep 14, 2017Motion to reconsider laid on the table Agreed to without objection.
  12. Sep 13, 2017Rule H. Res. 513 passed House.
  13. 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.
  14. Sep 7, 2017Introduced in House
  15. Sep 7, 2017Referred to the House Committee on the Judiciary.
  16. 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.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1291Raul Ruiz D-CASep 28, 2017
HouseDebate 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)enactBarbara 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-CASep 14, 2017
HouseDebate and remarks H7325–H7334, H7378Text printed H7325Amendments H7332Recorded votes H7332, H7333consideration (H. Res. 513), previous questionAlcee 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-CASep 13, 2017
HouseDeclaratory 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

Congress has the power to enact this legislation pursuant to the following: Clause 4 of Section 8 of Article I of the Constitution-- The Congress shall have Power to establish a uniform Rule of Naturalization, and uniform Laws on the subject Bankruptcies throughout the United States.

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.

NumberHearingCommitteeHeld
Serial No. 115-15COMPARING 21ST CENTURY TRUST LAND ACQUISITION WITH THE INTENT OF THE 73RD CONGRESS IN SECTION 5 OF THE INDIAN REORGANIZATION ACT68 pagesNatural Resources CommitteeJul 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.

ProductTitleKindPublished
R45539Immigration: U.S. Asylum Policy ArchivedReportFeb 19, 2019

Amendments 1

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 446Pursuant to the provisions of H.Res. 513 the amendment printed in the report of the Committee on Rules is considered as adopted.Rules CommitteeHouse amendment offered

Related bills 5

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

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.

  1. Sep 18, 2017Referred in Senate
  2. Sep 14, 2017Engrossed in House
  3. Sep 7, 2017Introduced 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.

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.