Overview

Title

To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.

ELI5 AI

The bill H. R. 1050 wants to make it easier to keep out or send away people who are in the country but are part of bad groups called "criminal gangs." It also makes it harder for these people to get certain kinds of help or stay in the country, like asking for safety here.

Summary AI

The bill, H. R. 1050, known as the "Criminal Alien Gang Member Removal Act," seeks to amend the Immigration and Nationality Act to increase grounds for inadmissibility and deportability of aliens associated with criminal gangs. It defines a "criminal gang" and allows the Secretary of Homeland Security to designate such groups, thereby affecting the immigration status of affiliated individuals. The bill also impacts asylum claims, temporary protected status, and parole eligibility by expanding restrictions on individuals connected to gang activities. These changes aim to tighten immigration controls on those involved in or suspected of facilitating gang-related criminal activities.

Published

2025-02-06
Congress: 119
Session: 1
Chamber: HOUSE
Status: Introduced in House
Date: 2025-02-06
Package ID: BILLS-119hr1050ih

Bill Statistics

Size

Sections:
3
Words:
3,697
Pages:
18
Sentences:
64

Language

Nouns: 1,022
Verbs: 258
Adjectives: 159
Adverbs: 27
Numbers: 150
Entities: 184

Complexity

Average Token Length:
4.09
Average Sentence Length:
57.77
Token Entropy:
5.13
Readability (ARI):
30.07

AnalysisAI

The "Criminal Alien Gang Member Removal Act," as proposed in H.R. 1050, aims to amend the Immigration and Nationality Act to address issues related to aliens associated with criminal gangs. Introduced by Mr. Buchanan along with other representatives, this bill seeks to enhance the ability of U.S. authorities to designate, penalize, and deport alien individuals who are tied to what it defines as criminal gangs.

General Summary of the Bill

This legislative proposal introduces significant changes concerning how law enforcement and immigration authorities handle individuals associated with criminal gangs. The bill defines a "criminal gang" and outlines criteria for designating groups as gangs. It expands grounds for the inadmissibility and deportability of aliens involved with such entities and affects several aspects of existing immigration law, including asylum claims, temporary protected status, and special immigrant juvenile visas. Furthermore, it outlines processes for designating and reviewing such criminal groups while allowing for judicial review under specific conditions.

Summary of Significant Issues

One critical issue with the bill lies in the broadness of its definition of a "criminal gang." By considering any group of five or more individuals engaging in a range of criminal activities, the criteria may lead to broad or misinterpretative enforcement outcomes. The reliance on classified information in the designation process also raises transparency concerns. Affected parties may find it challenging to access or contest the evidence used against them. Moreover, the restriction of judicial review to the United States Court of Appeals for the District of Columbia Circuit presents a geographic limitation that could hinder access to justice for those residing outside this jurisdiction.

The amendments pertaining to asylum and related immigration statuses potentially lessen protections for certain immigrant groups, which presents humanitarian implications by limiting opportunities to seek refuge in the United States. Additionally, the bill's language permitting revocation of designations based on "national security or law enforcement interests" lacks specificity, allowing potential subjectivity in decision-making processes.

Impact on the Public

Broadly, the bill could enhance efforts to address gang-related criminal activities involving non-citizens, potentially improving public safety. However, it could also create a precedent for sweeping law enforcement powers that might infringe upon individual rights and due process. The proposed methods for handling gang affiliations could also potentially lead to discriminatory practices that disproportionately affect immigrant communities.

Impact on Stakeholders

For government and law enforcement agencies, this bill could provide tools to identify and manage threats from criminal gangs with greater efficiency. It encourages preemptive actions against criminal activities by re-categorizing how specific groups are legally viewed and treated. For immigrant communities, especially those already vulnerable or marginalized, the bill could introduce additional challenges through enhanced deportability risks and limitations in pursuing certain immigration benefits. On the legislative front, Congress is invited to play a role in the designation and revocation of criminal class statuses, adding a political dimension to enforcement actions.

In conclusion, while the bill might lead to a fortified regulatory framework targeting organized crime, it simultaneously prompts debates on civil liberties, due process, and the equitable treatment of immigrant communities under U.S. law. Addressing these competing interests will be central to the public discourse as the bill moves through legislative processes.

Issues

  • The definition of 'criminal gang' in Section 2 and Section 220 is overly broad and could result in arbitrary or inconsistent enforcement. This could lead to groups being unfairly targeted or misclassified as criminal gangs.

  • The use of classified information in both the designation of criminal gangs in Section 220 and the decision-making processes poses significant transparency concerns. This lack of transparency could hinder affected parties from adequately defending themselves or seeking redress in judicial reviews.

  • Judicial review restrictions in Section 220(c) only allow affected parties to seek review from the United States Court of Appeals for the District of Columbia Circuit. This limitation could prevent broader access to justice for affected entities residing outside of the District of Columbia.

  • The amendments affecting asylum claims, temporary protected status, and special immigrant juvenile visas in Sections 2(f), 2(g), and 2(h) pose significant humanitarian implications. These changes could limit the rights and protections available to certain groups of immigrants, potentially exacerbating existing vulnerabilities within immigrant communities.

  • The language allowing the Secretary of Homeland Security to revoke designations based on 'national security or law enforcement interests' in Section 220(6)(A) is vague. This lack of specificity might enable subjective or politically motivated actions that could undermine the rule of law.

  • There are potential bias and discrimination concerns, as the bill does not explicitly address protections against these issues in its enforcement processes. This might disproportionately impact specific immigrant communities and foster further societal division.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the Act gives its official title, which is the “Criminal Alien Gang Member Removal Act.”

2. Grounds of inadmissibility and deportability for alien gang members Read Opens in new tab

Summary AI

The section introduces amendments to the Immigration and Nationality Act, providing definitions and rules related to criminal gangs. It makes it easier to consider deportation and inadmissibility of aliens involved with such gangs, details the process for designating groups as criminal gangs, and outlines how it affects asylum claims, detention, and other immigration benefits and statuses.

220. Designation of criminal gang Read Opens in new tab

Summary AI

The section outlines the procedure for the Secretary of Homeland Security, in consultation with the Attorney General, to officially label a group of at least five people as a "criminal gang." It includes steps for notifying Congress, using classified information, the duration and review of the designation, potential for revocation, and the role of judicial review, while ensuring that these processes respect legal and constitutional standards.