109th CONGRESS
2d Session
S. 3946
To make an alien who is a member of a criminal gang removable from
the United States and inadmissible to the United States, to permit the Secretary
of Homeland Security to deny a visa to an alien who is a national of a country
that has denied or delayed accepting an alien removed from the United States,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
September 27, 2006
Mr. FRIST introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To make an alien who is a member of a criminal gang removable from
the United States and inadmissible to the United States, to permit the Secretary
of Homeland Security to deny a visa to an alien who is a national of a country
that has denied or delayed accepting an alien removed from the United States,
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 the `Community Protection Against International
Gangs Act'.
SEC. 2. INADMISSIBILITY AND REMOVAL OF ALIEN GANG MEMBERS.
(a) Inadmissibility- Section 212(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:
`(J) ALIENS ASSOCIATED WITH CRIMINAL GANGS- Unless the Secretary of
Homeland Security or the Attorney General waives the application of
this subparagraph, any alien who a consular officer, the Attorney General,
or the Secretary of Homeland Security knows or has reason to believe--
`(i) is, or has been, a member of a criminal street gang (as defined
in section 521(a) of title 18, United States Code); or
`(ii) has participated in the activities of such a criminal street
gang, knowing or having reason to know that such activities promoted,
furthered, aided, or supported the illegal activity of the criminal
street gang,
(b) Removal- Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding
at the end the following:
`(F) ALIENS ASSOCIATED WITH CRIMINAL GANGS- Unless the Secretary of
Homeland Security or the Attorney General waives the application of
this subparagraph, any alien who the Secretary of Homeland Security
or the Attorney General knows or has reason to believe--
`(i) is, or at any time after admission has been, a member of a criminal
street gang (as defined in section 521(a) of title 18, United States
Code); or
`(ii) has participated in the activities of such a criminal street
gang, knowing or having reason to know that such activities promoted,
furthered, aided, or supported the illegal activity of the criminal
street gang,
SEC. 3. PENALTY FOR FAILURE TO ACCEPT AN ALIEN REMOVED FROM THE UNITED
STATES.
Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d))
is amended to read as follows:
`(d) Denying Visas to Nationals of Country Denying or Delaying Accepting
Alien- The Secretary of Homeland Security, after making a determination
that the government of a foreign country has denied or unreasonably delayed
accepting an alien who is a citizen, subject, national, or resident of that
country after the alien has been ordered removed, and after consultation
with the Secretary of State, may instruct the Secretary of State to deny
a visa to any citizen, subject, national, or resident of that country until
the country accepts the alien that was ordered removed.'.
END
