Criminal Alien Gang Member Removal Act: New Rules Target Gang Affiliation, Raising Due Process Concerns

The "Criminal Alien Gang Member Removal Act" dramatically expands the government's power to deny entry to, detain, and deport individuals suspected of gang involvement. This bill, effective immediately, changes who is considered a "gang member" and how the government can label groups as "criminal gangs," with significant implications for immigrants and asylum seekers.

Defining the Gang

The core of this bill hinges on a broad definition of "criminal gang." It's any group of five or more people whose primary purpose is committing crimes, ranging from drug offenses and immigration violations to violent crimes and even burglary (Section 2). This definition is key because it triggers severe consequences: denial of entry into the U.S., deportation, and mandatory detention. For example, a group of friends who occasionally engage in petty theft together, and one of them is an undocumented immigrant, could potentially be classified as a criminal gang under this new law, even if they don't identify as a traditional "gang."

The bill grants the Secretary of Homeland Security, in consultation with the Attorney General, broad power to designate groups as "criminal gangs" (Section 2). While the Secretary must notify Congress, the designation process lacks robust checks and balances. Once a group is designated, its members – or even those who've participated in the group's activities, knowing it would support the illegal activity of the gang – face immediate immigration consequences.

Real-World Crackdown

This isn't just about keeping people out; it's about removing those already here. The bill makes gang membership, past or present, grounds for deportation (Section 2). This retroactive application means someone who was involved with a group years ago, even before it was designated a "criminal gang," could now be deported. Imagine a construction worker who, as a teenager, associated with a group later deemed a gang. Under this law, that past association, regardless of their current life, could lead to deportation.

Furthermore, the bill mandates detention for anyone deemed inadmissible or deportable due to gang affiliation (Section 2). This means individuals could be held indefinitely, without the usual legal recourse. The bill also severely restricts access to asylum, temporary protected status, special immigrant juvenile visas, and even parole, except in very limited circumstances where the individual is assisting law enforcement (Section 2). This could trap vulnerable individuals, including those fleeing violence, in dangerous situations.

Challenges and the Bigger Picture

One of the most concerning aspects of this bill is the limited ability of individuals to challenge a gang designation. The bill explicitly prohibits aliens in removal proceedings from challenging the validity of a gang designation as a defense (Section 2). This means that if you're accused of being a member of a designated gang, you can't argue that the designation itself is wrong or unfair in your deportation hearing. Judicial review is limited to the U.S. Court of Appeals for the District of Columbia Circuit, a high hurdle for most individuals facing deportation.

The bill also requires an annual report on the number of aliens detained under these provisions (Section 2). While this provides some transparency, it doesn't address the fundamental due process concerns raised by the bill's broad definitions, mandatory detention, and limited avenues for appeal. This law significantly expands the government's power to target and remove individuals based on association, with potentially far-reaching consequences for immigrant communities and the principles of due process.