[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 599
To amend the Immigration and Nationality Act with respect to aliens
associated with criminal gangs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 28, 2019
Mr. Cotton (for himself, Mrs. Blackburn, Mr. Cramer, Mr. Grassley, and
Mr. Tillis) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to aliens
associated with criminal gangs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Singh's Law''.
SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG
MEMBERS.
(a) Definition of Gang Member.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end
the following:
``(53) 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 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)(i) A violent crime for which the term of imprisonment
is at least 1 year, including--
``(I) any offense that has, as an element, the use,
attempted use, or threatened use of physical force
against the person or property of another; or
``(II) any other offense in which the record of
conviction establishes that the offender used physical
force against the person or property of another in the
course of committing the offense.
``(ii) The entry or remaining in a building, structure or
habitation, including vehicles and other movable enclosures,
with the intent to commit a crime therein (commonly known as
`burglary').
``(D) A crime relating to obstruction of justice, tampering
with or retaliating against a person, victim, or informant,
perjury, or subornation of perjury.
``(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 or attempt to commit an offense
described in subparagraphs (A) through (C), or soliciting,
facilitating, or aiding and abetting any such offense.''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(J) Aliens associated with criminal gangs.--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 or to have participated in the
activities of a criminal gang, knowing or
having reason to know that such activities will
promote, further, aid, or support the illegal
activity of the criminal gang; and
``(ii) has been convicted of a misdemeanor
or a felony in the United States.''.
(c) Deportability.--Section 237(a)(2) of such Act (8 U.S.C.
1227(a)(2)) is amended by adding at the end the following:
``(G) Aliens associated with criminal gangs.--Any
alien is deportable who--
``(i) is, or has been, a member of a
criminal gang or has participated in the
activities of a criminal gang, knowing or
having reason to know that such activities will
promote, further, aid, or support the illegal
activity of the criminal gang; and
``(ii) has been convicted of a misdemeanor
or a felony in the United States.''.
SEC. 3. DESIGNATION OF CRIMINAL GANGS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended by inserting after section
219 the following:
``SEC. 220. DESIGNATION OF CRIMINAL GANG.
``(a) Designation.--
``(1) In general.--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).
``(2) Procedure.--
``(A) Notification.--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.
``(B) Publication in the federal register.--The
Secretary shall publish the designation in the Federal
Register seven days after providing the notification
under subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under
this subsection, the Secretary shall create an
administrative record.
``(B) Classified information.--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).
``(4) Period of designation.--
``(A) In general.--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).
``(B) Review of designation upon petition.--
``(i) In general.--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).
``(ii) Petition period.--For purposes of
clause (i)--
``(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.
``(iii) Procedures.--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).
``(iv) Determination.--
``(I) In general.--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.
``(II) Classified information.--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).
``(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).
``(C) Other review of designation.--
``(i) In general.--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).
``(ii) Procedures.--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.
``(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.
``(5) Revocation by act of congress.--The Congress, by an
Act of Congress, may block or revoke a designation made under
paragraph (1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--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.
``(B) Procedure.--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.
``(7) Effect of revocation.--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.
``(b) Amendments to a Designation.--
``(1) In general.--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.
``(2) Procedure.--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.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with 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) of this section.
``(c) Judicial Review of Designation.--
``(1) In general.--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.
``(2) Basis of review.--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.
``(3) Scope of 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.
``(4) Judicial review invoked.--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.
``(d) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means--
``(A) the Committee on the Judiciary of the Senate;
and
``(B) the Committee on the Judiciary of the House
of Representatives; and
``(4) the term `Secretary' means the Secretary of Homeland
Security, in consultation with the Attorney General.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 219 the
following:
``Sec. 220. Designation of criminal gang.''.
SEC. 4. MANDATORY DETENTION OF CRIMINAL GANG MEMBERS.
(a) In General.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
(1) in subparagraph (C), by striking ``or'' at the end;
(2) in subparagraph (D), by inserting ``or'' at the end;
and
(3) by inserting after subparagraph (D) the following:
``(E) is inadmissible under section 212(a)(2)(J) or
deportable under section 217(a)(2)(G),''.
(b) Annual Report.--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 subsection (a).
SEC. 5. ASYLUM CLAIMS BASED ON GANG AFFILIATION.
(a) 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''.
(b) 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--
(1) in clause (v), by striking ``or'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) 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''.
SEC. 6. TEMPORARY PROTECTED STATUS.
Section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a)
is amended--
(1) by striking ``Attorney General'' each place such term
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).''; and
(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.''.
SEC. 7. 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;''.
SEC. 8. 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.
SEC. 9. RONIL SINGH MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM.
(a) Grants Authorized.--From amounts made available pursuant to
subsection (g), the Attorney General, acting through the Office of
Justice Programs, may award grants to States or units of local
government to provide additional personnel, equipment, supplies,
contractual support, training, technical assistance, and information
systems for--
(1) combating criminal and youth gangs through law
enforcement measures; and
(2) law enforcement gang-prevention activities.
(b) Certification.--A State or unit of local government may not
receive a grant under this section unless--
(1) the State or local government--
(A) consistently notifies U.S. Immigration and
Customs Enforcement before releasing criminal aliens
who are unlawfully present in the United States; and
(B) allows U.S. Immigration and Customs Enforcement
officers to access the detention facilities of the
State or local government for the purpose of
interviewing or taking into custody an alien described
in subparagraph (A); and
(2) the Attorney General determines that the State or local
government has a cooperative relationship with all Federal
immigration authorities, including U.S. Immigration and Customs
Enforcement.
(c) Program Assessment.--
(1) In general.--Each program using grant funding
authorized under this section shall carry out a program
assessment, which shall be developed consistent with guidelines
established by the Attorney General, in coordination with the
National Institute of Justice.
(2) Waiver.--The Attorney General may waive the application
of paragraph (1) with respect to a program that, in the opinion
of the Attorney General, is not of sufficient size to justify a
full program assessment.
(d) Prohibited Uses.--Notwithstanding any other provision of this
Act, funds provided under this section may not be used, directly or
indirectly for--
(1) security enhancements or any equipment to any
nongovernmental entity that is not engaged in criminal justice
or public safety; or
(2) vehicles (excluding police cruisers), vessels
(excluding police boats), aircraft (excluding police
helicopters), luxury items, real estate, construction projects
(other than penal or correctional institutions), or similar
items unless the Attorney General certifies that extraordinary
and exigent circumstances exist that make such uses essential
to the maintenance of public safety and good order.
(e) Administrative Costs.--Not more than 10 percent of any grant
awarded under this section may be used for costs incurred to administer
such grant.
(f) Grant Accountability.--
(1) Defined term.--In this subsection the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has used grant funds for an
unauthorized expenditure or otherwise unallowable cost that is
not closed or resolved during the 12-month period beginning on
the date on which the final audit report is issued.
(2) Audit requirement.--
(A) In general.--Beginning on the first day of the
first fiscal year beginning after the date of the
enactment of this Act, the Inspector General of the
Department of Justice shall--
(i) conduct audits of grant recipients
under this section to prevent waste, fraud, and
abuse of funds by grantees; and
(ii) determine the appropriate number of
grantees to be audited each year.
(B) Mandatory exclusion.--A grant recipient under
this section that has an unresolved audit finding shall
not be eligible to receive grant funds under this
section during the first 2 fiscal years beginning after
the end of the 12-month period described in paragraph
(1).
(C) Reimbursement.--If an entity is awarded grant
funds under this section during the period during which
the entity is barred from receiving grants under
subparagraph (B), the Attorney General shall--
(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
(D) Priority.--In awarding grants under this
section, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for such a grant.
(3) Conference expenditures.--
(A) Limitation.--Amounts appropriated to the
Department of Justice pursuant to subsection (g) may
not be used by the Attorney General, or by any
individual or entity awarded discretionary funds
through a cooperative agreement under this section, to
host or support any expenditure for conferences that
uses more than $20,000 in funds made available to the
Department of Justice, unless the Deputy Attorney
General or the appropriate Assistant Attorney General,
Director, or principal deputy (as designated by the
Deputy Attorney General) provides prior written
authorization that the funds may be expended to host
the conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that details
all conference expenditures approved under this
paragraph.
(4) Annual certification.--Beginning on the first day of
the first fiscal year after the date of the enactment of this
Act, the Attorney General shall submit an annual certification
to the Committee on the Judiciary of the Senate, the Committee
on Appropriations of the Senate, the Committee on the Judiciary
of the House of Representatives, and the Committee on
Appropriations of the House of Representatives that--
(A) indicates whether--
(i) all audits conducted by the Office of
the Inspector General pursuant to paragraph (2)
have been completed and reviewed by the
appropriate Assistant Attorney General or
Director;
(ii) all mandatory exclusions required
under paragraph (2)(B) have been issued; and
(iii) all reimbursements required under
paragraph (2)(C) have been made; and
(B) includes a list of any grant recipients
excluded under paragraph (2)(B) from the previous year.
(g) Authorization of Appropriations.--There is authorized to be
appropriated $200,000,000, for each of the fiscal years 2020 through
2023, for grants under this section. Amounts appropriated pursuant to
this subsection shall remain available until expended.
SEC. 10. EFFECTIVE DATE.
The amendments made by this Act 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.
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