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HR175119th Congress
Deport Alien Gang Members Act
Sponsored By: Representative McClintock, Tom [R-CA-5]
In Committee
Summary
Targets non‑U.S. nationals tied to criminal gangs for removal and detention. The bill would expand who is inadmissible and deportable, create a Department of Homeland Security gang‑designation process, and cut off asylum, temporary protected status, Special Immigrant Juvenile visas, parole, and other relief for people described under the gang rules.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 3 costs, 2 mixed.
Bar asylum, SIJ, TPS, and parole for gang affiliates
If enacted, the bill would make people described by the gang rules ineligible for asylum, withholding of removal, and most other immigration relief. It would bar Special Immigrant Juvenile benefits for any person who is or ever was described by the gang grounds. Temporary Protected Status applicants and holders would be ineligible if covered by the gang grounds, and parole would be barred except when the person assists the U.S. Government in a law enforcement matter and the Government requires their presence.
More mandatory detention for gang and TPS cases
If enacted, the bill would require DHS to detain people who are inadmissible or deportable under the new gang rules. DHS would also be able to detain people with Temporary Protected Status when other law allows detention. DHS must report annually to Congress on how many people were detained under these changes, with the first report due March 1 one year after enactment.
New grounds to deny or deport gang affiliates
If enacted, the bill would make you inadmissible or deportable if an officer knows or reasonably believes you were a gang member, helped or joined gang activity, or entered to further gang activity. A "criminal gang" is defined as a group of 5 or more people with a primary purpose of certain crimes, or a group the Secretary of Homeland Security designates. The gang definition counts a continuing series of the listed offenses within the past 5 years.
New federal process to label criminal gangs
If enacted, the bill would let the Secretary of Homeland Security, with the Attorney General, designate groups as criminal gangs. Designations would need classified notice to certain congressional leaders 7 days before and publication 7 days after. The Secretary would keep an administrative record, may consider classified evidence, and must allow petitions for revocation after 2 years. Judicial review would be limited, expedited, and based on the administrative record.
Changes apply to past and future acts
If enacted, the bill would take effect on the date of enactment and would apply to acts that occurred before, on, or after that date. That means the new rules could be applied to past conduct and to pending or future immigration cases.
Sponsors & CoSponsors
Sponsor
McClintock, Tom [R-CA-5]
CA • R
Cosponsors
Rep. Weber, Randy K. Sr. [R-TX-14]
TX • R
Sponsored 1/3/2025
Rep. Tenney, Claudia [R-NY-24]
NY • R
Sponsored 1/3/2025
Rep. Nehls, Troy E. [R-TX-22]
TX • R
Sponsored 1/3/2025
Rep. Hageman, Harriet M. [R-WY-At Large]
WY • R
Sponsored 1/3/2025
Rep. Ogles, Andrew [R-TN-5]
TN • R
Sponsored 1/3/2025
LaMalfa
CA • R
Sponsored 1/6/2025
Brecheen
OK • R
Sponsored 1/7/2025
Rep. Moore, Barry [R-AL-1]
AL • R
Sponsored 1/7/2025
Rep. Harris, Andy [R-MD-1]
MD • R
Sponsored 1/7/2025
Rep. Finstad, Brad [R-MN-1]
MN • R
Sponsored 1/9/2025
Rep. Guest, Michael [R-MS-3]
MS • R
Sponsored 1/9/2025
Rep. Grothman, Glenn [R-WI-6]
WI • R
Sponsored 1/9/2025
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 1/9/2025
Rep. Obernolte, Jay [R-CA-23]
CA • R
Sponsored 1/13/2025
Rep. Stauber, Pete [R-MN-8]
MN • R
Sponsored 1/22/2025
Rep. Mace, Nancy [R-SC-1]
SC • R
Sponsored 2/4/2025
Rep. Edwards, Chuck [R-NC-11]
NC • R
Sponsored 2/4/2025
Rep. Biggs, Andy [R-AZ-5]
AZ • R
Sponsored 2/4/2025
Rep. Yakym, Rudy [R-IN-2]
IN • R
Sponsored 2/4/2025
Rep. Tiffany, Thomas P. [R-WI-7]
WI • R
Sponsored 2/4/2025
Rep. Van Drew, Jefferson [R-NJ-2]
NJ • R
Sponsored 2/4/2025
Rep. Schmidt, Derek [R-KS-2]
KS • R
Sponsored 2/5/2025
Rep. Babin, Brian [R-TX-36]
TX • R
Sponsored 2/6/2025
Rep. Evans, Gabe [R-CO-8]
CO • R
Sponsored 2/11/2025
Rep. Donalds, Byron [R-FL-19]
FL • R
Sponsored 2/11/2025
Rep. Harris, Mark [R-NC-8]
NC • R
Sponsored 3/5/2025
Rep. Shreve, Jefferson [R-IN-6]
IN • R
Sponsored 3/10/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov