H.R. 4856

This bill amends the Immigration and Nationality Act to define "criminal gang."

An alien who is or was a member of a criminal gang, or who participated in gang activity knowing that such participation will promote the gang's illegal activity, shall be inadmissible and deportable.

The Department of Homeland Security may designate a group or association as a criminal gang.

Detention shall be mandatory for anyone found inadmissible or deportable for criminal street gang membership.

Individuals found inadmissible or deportable for criminal gang membership shall be barred from:

• asylum;
• withholding of removal;
• temporary protected status;
• special immigrant juvenile status;
• deferred action; and
• parole, unless assisting the United States in a law enforcement matter and required by the government to be present with respect to such assistance.

An alien found at a U.S. land border or port of entry who is determined to be inadmissible and a threat to public safety (certain criminals, terrorists, street gang members) shall be subject to expedited removal.