Criminal Alien Gang Member Removal Act

Increased Identification of Criminal Organizations: The bill allows the Secretary of Homeland Security to designate groups as criminal gangs based on specific criminal activities, such as felony drug offenses or crimes of violence (Section 2, a).

Enhanced Removal of Gang Members: The law establishes that aliens who are members of or participate in the activities of a designated criminal gang are inadmissible or deportable (Section 2, b and c).

Mandatory Detention of High-Risk Individuals: The bill mandates the detention of aliens who are inadmissible or deportable due to gang affiliation (Section 2, e).

Restrictions on Benefits for Gang Members: The act limits access to asylum, Temporary Protected Status, and Special Immigrant Juvenile Visas for those described as being associated with criminal gangs (Section 2, f, g, and h).

Broad Designation Power: The Secretary of Homeland Security, in consultation with the Attorney General, has the authority to designate a group as a criminal gang if they meet the specified criteria (Section 2, d(1)).

Limited Judicial Review for Designations: While judicial review is possible, it is based solely on the administrative record, and the government may submit classified information for review in a manner that is not subject to full public disclosure (Section 2, d(3)).

Restricted Ability to Challenge Designations: In removal proceedings, an alien is not permitted to raise questions concerning the validity of a gang designation as a defense or objection (Section 2, d(8)).

Strict Parole Requirements: Aliens described as being associated with criminal gangs are ineligible for parole unless they are assisting the United States Government in a law enforcement matter and their presence is required by the Government (Section 2, i).