Should Members of Gangs Like MS-13 be Banned From Entering the U.S. and Deported If They’re Here Illegally? (H.R. 98)
Do you support or oppose this bill?
What is H.R. 98?
(Updated August 26, 2021)
This bill would bar foreign citizens who are member of gangs from entering the U.S. and require them to be detained and removed from the U.S. if they commit criminal acts or participate in gang activity while in the country. Additionally, the bill would deny immigration benefits such as asylum, special immigrant juvenile status, and temporary protected status to gang members.
The Secretary of Homeland Security would consult with the Attorney General regarding designations of criminal gangs, which would be defined as a group of five or more persons that commits felony drug offenses, human trafficking, violent crime, racketeering, obstruction of justice or witness tampering, burglary, and other offenses. Such designations would be subject to review upon petition, could be revoked by Congress, and reviewed by federal courts.
Argument in favor
The U.S. should refuse admission to foreign nationals who are members of criminal gangs, and those already in the country should be detained and deported.
Argument opposed
More needs to be done about gangs like MS-13, but requiring the deportation of undocumented gang members won’t make the problem go away.
Impact
Foreign nationals who are members of gangs; law enforcement agencies; and Congress.
Cost of H.R. 98
A CBO cost estimate is unavailable.
Additional Info
In-DepthCongress
Last Congress, Rep. Barbara Comstock (R-VA) introduced this bill to prevent foreign nationals who are members of gangs like MS-13 from entering the U.S. and ensure that they’re deported if they continue those activities after illegally entering the country:
“In Northern Virginia there have been at least eight brutal murders tied to the transnational MS-13 gang since last November. That is unacceptable, and this legislation will help get these violent gang members off our streets. MS-13 preys upon and intimidates those who have come to our country to seek a better life. The Criminal Alien Gang Member Removal Act will give important tools to law enforcement like the Northern Virginia Regional Gang Task Force so that they can effectively do their jobs to deport alien gang members.”
In the previous Congress, the White House expressed that it "strongly supports" this bill, and that if it were presented to the president in this form he would sign it into law.
The Capital Area Immigrants' Rights (CAIR) Coalition opposed this bill in the previous Congress, writing:
"[This bill] gives the Department of Homeland Security (DHS) the power to designate as a “criminal gang” any five or more associated people, who violate the law for conduct relating to certain offenses, anywhere in the world, any time in the last five years. [It] stigmatizes immigrants and places people of color at an increased risk of being racially profiled as gang members. We have witnessed firsthand the paltry evidence DHS will provide to assert that someone is a gang member---in one case, the sole evidence was Facebook photos of the person wearing Nike Cortez shoes, because in his country of origin, those shoes are associated with the MS-13. Here, those shoes are known as the shoes Forrest Gump wore. Not all immigrants have criminal history. Not all immigrants are gang members. And DHS and the Congress should remember that non-citizens--including those with criminal history and gang members--have a right to due process."
In the previous Congress, House Judiciary Democrats, The Leadership Conference on Civil and Human Rights, and the Capital Area Immigrants' Rights (CAIR) Coalition opposed this bill.
This bill has no cosponsors in the current Congress. In the 115th Congress, it passed the House by a 233-175 vote with the support of six Republican cosponsors.
Of Note: MS-13 is a criminal organization that operates in Central America, Mexico, Canada, and the U.S. with a particularly heavy presence in California, Texas, and the Washington D.C. metro area. It was the first criminal gang to be classified by the FBI as a transnational criminal organization, and has between 6,000 and 10,000 members in the U.S. and another 30,000 members internationally.
Media:
- Sponsoring Rep. Vern Buchanan (R-FL) Press Release (116th Congress)
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Sponsoring Rep. Barbara Comstock (R-VA) Press Release (115th Congress)
- House Judiciary Committee Press Release
- White House Statement of Administration Policy (Previous Congress - In Favor)
- House Judiciary Committee Democratic Staff Bill Summary (Previous Congress - Opposed)
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The Leadership Conference on Civil and Human Rights (Letter to Previous Congress - Opposed)
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Capital Area Immigrants' Rights (CAIR) Coalition (Previous Congress - Opposed)
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The Hill
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Spokesman Review
- Countable (Context)
Summary by Eric Revell
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