H.R.3697 – Criminal Alien Gang Member Removal Act

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Week ending September 15, 2017

H.R.3697 – Criminal Alien Gang Member Removal Act

Brief

HR 3697 would ‘amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.’

“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 include a felony drug offense, bringing in and harboring certain aliens, a crime of violence, a crime involving obstruction of justice, tampering with or retaliating against a witness, victim, or informant, or burglary.

Also any conduct relating to fraud and related activity in connection with identification documents or access devices relating to peonage, slavery, and trafficking in persons. relating to interference with commerce by threats or violence, relating to interstate and foreign travel or transportation in aid of racketeering enterprises, relating to the laundering of monetary instruments, relating to engaging in monetary transactions in property derived from specified unlawful activity, or relating to interstate transportation of stolen motor vehicles or stolen property.

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 this bill.

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. The Secretary shall review the designation of a criminal gang if the designated group, club, organization, or association of 5 or more persons files a petition for revocation within the petition period.

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.

 (Full text of H.R. 3697 congress.gov)

Sponsor:  Rep. Comstock, Barbara [R-VA-10] (Introduced 09/07/2017)

VOTES and FLOOR ACTION

HOUSE

On Passage: On passage Passed by the Yeas and Nays: 233 – 175 (Roll no. 517).

House Amendments:

Motion to recommit: On motion to recommit with instructions Failed by the Yeas and Nays: 184 – 220 (Roll no. 516).

Text of the motion: The House proceeded with 10 minutes of debate on the Beyer motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add at the end of the bill a section pertaining to Protecting Innocent Religious Workers from Deportation.

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayers:  Data not available

Pay-as-you-go requirements:  Data not available

Regulatory and Other Impact: Data not available

Dynamic Scoring:   Data not available

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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