Deport Alien Gang Members Act
Sponsored By: Representative McClintock
Introduced
Summary
Deportation and inadmissibility for gang‑affiliated noncitizens is the bill's core aim. It would bar non‑U.S. nationals tied to criminal gangs from entering or remaining in the United States and would impose mandatory detention and new limits on asylum and other immigration relief.
Show full summary
- People alleged to be gang members, promoters, participants, or those who enter to further gang activity would be explicitly inadmissible and deportable. Mandatory detention would apply to individuals covered by these grounds.
- Asylum, Temporary Protected Status, special immigrant juvenile visas, and most parole would be unavailable to people covered by the gang provisions unless they are assisting the U.S. government in a law enforcement matter.
- The bill defines a "criminal gang" as a group of five or more with a primary purpose of committing listed crimes or a group designated by the Department of Homeland Security. It would create a DHS designation process with short notice and publication steps, set procedures for review and revocation, and require an annual DHS report on detainees held under the new rules.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 3 costs, 1 mixed.
Fewer asylum and TPS options for gang ties
If enacted, people described as gang‑associated would be barred from asylum and some other protections, including certain 1999 law relief. They would also be ineligible for Special Immigrant Juvenile status, even if the tie was in the past. Parole for such people would be allowed only if they assist U.S. law enforcement and the government needs their presence. TPS rules would shift to DHS; gang‑associated people would be ineligible, and DHS could detain TPS holders when other law allows. These changes would also apply in withholding‑of‑removal decisions.
Rules could apply to past conduct
If enacted, the changes in this section would take effect on the date of enactment. They would apply to acts before, on, or after that date. Past conduct could be used in immigration decisions under the new rules.
Stricter entry and removal for gang-linked noncitizens
If enacted, officials could deny entry or deport noncitizens for gang ties. This would cover people who are or were members, or who helped or took part in gang activity, in or outside the U.S. The standard would be “knows or has reason to believe” for inadmissibility. Those described would face mandatory detention. DHS would report each year by March 1 on how many people were detained under these rules.
How DHS would label criminal gangs
If enacted, DHS could define and designate “criminal gangs.” A gang would be at least five people whose main purpose includes certain crimes, with members committing such crimes in the last five years, in or outside the U.S. The Secretary would give Congress classified notice 7 days before a designation and publish it 7 days later. A petition to revoke could be filed after 2 years; if no review happens in 5 years, DHS would review it. Challenges would go to the D.C. Circuit within 30 days and use the administrative record; people in removal cases could not contest the designation itself.
Sponsors & CoSponsors
Sponsor
McClintock
CA • R
Cosponsors
Weber (TX)
TX • R
Sponsored 1/3/2025
Tenney
NY • R
Sponsored 1/3/2025
Nehls
TX • R
Sponsored 1/3/2025
Hageman
WY • R
Sponsored 1/3/2025
Ogles
TN • R
Sponsored 1/3/2025
LaMalfa
CA • R
Sponsored 1/6/2025
Brecheen
OK • R
Sponsored 1/7/2025
Moore (AL)
AL • R
Sponsored 1/7/2025
Harris (MD)
MD • R
Sponsored 1/7/2025
Finstad
MN • R
Sponsored 1/9/2025
Guest
MS • R
Sponsored 1/9/2025
Grothman
WI • R
Sponsored 1/9/2025
Calvert
CA • R
Sponsored 1/9/2025
Obernolte
CA • R
Sponsored 1/13/2025
Stauber
MN • R
Sponsored 1/22/2025
Mace
SC • R
Sponsored 2/4/2025
Edwards
NC • R
Sponsored 2/4/2025
Biggs (AZ)
AZ • R
Sponsored 2/4/2025
Yakym
IN • R
Sponsored 2/4/2025
Tiffany
WI • R
Sponsored 2/4/2025
Van Drew
NJ • R
Sponsored 2/4/2025
Schmidt
KS • R
Sponsored 2/5/2025
Babin
TX • R
Sponsored 2/6/2025
Evans (CO)
CO • R
Sponsored 2/11/2025
Donalds
FL • R
Sponsored 2/11/2025
Harris (NC)
NC • R
Sponsored 3/5/2025
Shreve
IN • R
Sponsored 3/10/2025
Roll Call Votes
No roll call votes available for this bill.
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