SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE AND REMOVAL. (a) DEFINITION OF CRIMINAL GANG- Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after subparagraph
(51) the following:"(52) The term "criminal gang"
(a) means an ongoing group, club, organization, or association of 5 or more persons--
(1) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (b); and
(2) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (b);
(b) Offenses described in this section, whether in violation of Federal or State law or in violation of the law of a foreign country, and regardless of whether charged, are:
(1) a "felony drug offense" (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(2) a felony offense involving firearms or explosives or in violation of section 931 of title 18 (relating to purchase, ownership, or possession of body armor by violent felons);
(3) an offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relatingto aiding or assisting certain aliens to enter the United States), or section 278 (relating to the importation of an alien for immoral purpose) of the Immigration and Nationality Act;
(4) a felony crime of violence as defined in section 16 of title 18, which is punishable by a sentence of imprisonment of five years or more;
(5) a crime involving obstruction of justice; tampering with or retaliating against a witness, victim, or informant; or burglary;
(6) Any conduct punishable under sections 1028 and 1029 of title 18 (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of title 18 (relating to peonage, slavery and trafficking in persons), section 1952 of title 18 (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of title 18 (relating to the laundering of monetary instruments), section 1957 of title 18 (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of title 18 (relating to interstate transportation of stolen motor vehicles or stolen property);
(7) a conspiracy to commit an offense described in subparagraphs (1)-(6)."Notwithstanding any other provision of law
(including any effective date), the term applies regardlessof whether the conduct occurred before, on, or after thedate of enactment of this provision.".
(b) INADMISSIBILITY- Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (J); and
(B) by inserting after subparagraph (E) thefollowing: '(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 a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe has participated in a criminal gang (as defined in section 101(a)(52)), knowing or having reason to know that such participation promoted, furthered, aided, or supported the illegal activity of the criminal gang, is inadmissible.'.
(c) DEPORTABILITY. Section 237(a)(2) of the Immigration and Nationality Act (8U.S.C. 1227(a)(2)) is amended by adding at the end the following:"(F) ALIENS ASSOCIATED WITH CRIMINAL GANGS- Any alien, in or admitted to the United States, who at any time has participated in a criminal gang (as defined in section 101(a)(52)), knowing or having reason to know that such participation will promote, further, aid, or supportthe illegal activity of the criminal gang is deportable. The Secretary of Homeland Security or the Attorney General may in his discretion waive this subparagraph."
(d) TEMPORARY PROTECTED STATUS. Section 244 (8 U.S.C. 1254a) is amended"
(1) by striking "Attorney General" each place it appears andinserting "Secretary of Homeland Security";
(2) in subparagraph (c)(2)(B), by adding at the end:"(iii) the alien participates in, or at any time after admission hasparticipated in, the activities of a criminal gang (as defined in section 101(a)(52)), knowing or having reason to know that such participation will promote, further, aid, or support the illegal activity of the criminal gang."; and
(3) in subsection (d)"
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the following: 'The Secretary of Homeland Security may detain an alienprovided temporary protected status under this section whenever appropriate under any other provision."
(e) Penalties Related to Removal- Section 243 (8 U.S.C. 1253) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting '212(a) or' after 'section'; and
(B) in the matter following subparagraph (D)--
(i) by striking 'or imprisoned not more than four years' and inserting 'and imprisoned for not more than 5 years'; and
(ii) by striking ', or both';
(2) in subsection (b), by striking 'not more than $1000 or imprisoned for not more than one year, or both' and inserting 'under title 18, United States Code, and imprisoned for not more than 5 years (or for not more than 10 years if the alien is a member of any of the classes described in paragraphs (1)(E), (2), (3), and (4) of section 237(a)).'; and
(f) Prohibiting Carrying or Using a Firearm During and in Relation to an Alien Smuggling Crime- Section 924(c) of title 18, United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ', alien smuggling crime,' after 'any crime of violence';
(B) in subparagraph (A), by inserting ', alien smuggling crime,' after 'such crime of violence';
(C) in subparagraph (D)(ii), by inserting ', alien smuggling crime,' after 'crime of violence'; and
(2) by adding at the end the following: '(6) For purposes of this subsection, the term 'alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and 1328).'.
