H.R.175 - Deport Alien Gang Members Act (119th Congress)
Summary
H.R.175, the "Deport Alien Gang Members Act," aims to amend the Immigration and Nationality Act to broaden the grounds for inadmissibility and deportability of aliens associated with criminal gangs. It defines 'criminal gang,' expands inadmissibility and deportability criteria, and establishes procedures for designating groups as criminal gangs by the Secretary of Homeland Security.
The bill also mandates detention for aliens inadmissible or deportable due to gang affiliation and restricts their eligibility for asylum, temporary protected status, special immigrant juvenile visas, and parole, with limited exceptions for those assisting law enforcement. The amendments apply retroactively.
Expected Effects
The bill's enactment would likely lead to an increase in the deportation of aliens identified as gang members or affiliates. It would also grant significant authority to the Secretary of Homeland Security in designating criminal gangs and determining eligibility for immigration benefits.
Potential Benefits
- Enhanced public safety through the removal of gang members.
- Potential reduction in crime rates associated with gang activity.
- Strengthened border security by preventing entry of gang-affiliated individuals.
- Increased efficiency in immigration enforcement by streamlining deportation processes for gang members.
- Deterrence of gang-related activities within the United States.
Most Benefited Areas:
Potential Disadvantages
- Potential for misidentification and wrongful deportation of individuals not genuinely involved in gang activity.
- Risk of disproportionate impact on certain communities or nationalities.
- Increased strain on immigration courts and detention facilities.
- Possible erosion of due process rights for accused individuals.
- Potential for chilling effect on cooperation with law enforcement due to fear of deportation.
Constitutional Alignment
The bill's constitutionality is complex. While Congress has broad authority over immigration (Article I, Section 8), the retroactive application of the law and potential impact on due process rights (Fifth Amendment) could raise constitutional concerns. The designation process outlined in the bill includes provisions for judicial review, which helps to mitigate potential due process issues. However, the limitations on eligibility for relief and the mandatory detention provisions could be challenged as violations of fundamental rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).