| TITLE III: | INTERIOR ENFORCEMENT |
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§ 3701 : CRIMINAL STREET GANGS |
INADMISSIBILITY.— Section 212(a)(2)(8 U.S.C. 1182(a)(2)) is amended
by inserting after subparagraph (I) the following:
ALIENS IN CRIMINAL STREET GANGS.—
IN GENERAL.—Any alien is inadmissible—
who has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code) and the alien—
had knowledge that the gang’s members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and
acted with the intention to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; or
subject to clause (ii), who is 18 years of age or older, who is physically present outside the United States, whom the Secretary determines by clear and convincing evidence, based upon law enforcement information deemed credible by the Secretary, has, since the age of 18, knowingly and willingly participated in a criminal street gang with knowledge that such participation promoted or furthered the illegal activity of the gang.
WAIVER.—The Secretary may waive clause (i)(II) if the alien has renounced all association with the criminal street gang, is otherwise admissible, and is not a threat to the security of the United States.
GROUNDS FOR DEPORTATION.— Section 237(a)(2)(8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:
ALIENS ASSOCIATED WITH CRIMINAL STREET GANGS.—Any alien is removable who has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code), and the alien—
had knowledge that the gang’s members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and
acted with the intention to promote or further the felonious activities the criminal street gang or increase his or her position in such gang.
GROUND OF INELIGIBILITY FOR REGISTERED PROVISIONAL IMMIGRANT STATUS.—
IN GENERAL.—An alien who is 18 years of age or older is ineligible for registered provisional immigrant status if the Secretary determines that the alien—
has been convicted of an offense for which an element was active participation in a criminal street gang (as defined in section 521(a) of title 18, United States Code and the alien—
had knowledge that the gang’s members engaged in or have engaged in a continuing series of offenses described in section 521(c) of title 18, United States Code; and
acted with the intention to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in such gang; or
subject to paragraph (2), any alien who is 18 years of age or older whom the Secretary determines by clear and convincing evidence, based upon law enforcement information deemed credible by the Secretary, has, since the age of 18, knowingly and willingly participated in a such gang with knowledge that such participation promoted or furthered the illegal activity of such gang.
WAIVER.—The Secretary may waive the application of paragraph (1)(B) if the alien has renounced all association with the criminal street gang, is otherwise admissible, and is not a threat to the security of the United States.