Heller bill would protect Americans from criminal gang members

U.S. Sen. Dean Heller (R-NV) on Feb. 6 introduced the Criminal Alien Gang Removal Act, S. 2380, a measure to immediately remove and prevent more criminal gang members from being in the United States.

“In Nevada, gang violence has infiltrated our neighborhoods and threatened our communities,” Sen. Heller said. “This legislation empowers law enforcement with the tools they need to help protect Nevadans from violent criminals, and it boosts public safety in Nevada and throughout the country by cracking down on gangs.”

The U.S. Department of Justice estimates there are roughly 10,000 Mara Salvatrucha, or MS-13, gang members operating within the United States and about 40,000 members globally who are involved in murder and both drug and human trafficking, among other crimes.

S. 2380 is the Senate companion bill for the same-named H.R. 3697, which U.S. Rep. Barbara Comstock (R-VA) introduced on Sept. 9, 2017 in the U.S. House of Representatives.

The White House on Sept. 12, 2017 issued a Statement of Administration Policy (SAP) supporting H.R. 3697, according to Sen. Heller’s office, and the SAP stipulated that “if H.R. 3697 were presented to the President in its current form, his advisors would recommend that he sign the bill into law.” The House did approve the bill on Sept. 14, 2017 and sent it to the Senate shortly thereafter for its consideration.

The measure would amend the Immigration and Nationality Act to make any alien deportable who is or has been a criminal gang member or who has participated in criminal gang activities while knowing that as such they were supporting the gang’s illegal activities, according to a summary provided by Heller’s office.

The legislation also would bar aliens from the United States if a consular officer, the U.S. Secretary of Homeland Security, or the U.S. Attorney General knows or has reason to believe they have been or are gang members or have supported gang activities.

Additionally, under the proposal, alien criminal gang members in the United States would not be afforded any immigration benefits, such as temporary protected status or special immigrant juvenile visas, and would be ineligible for asylum, according to the summary.

“Our entire immigration system is broken and in need of reform, and this common sense bill to stop individuals who are affiliated with dangerous gangs, such as MS-13, from entering the United States represents a positive step in the right direction,” Heller said.

S. 2380 awaits consideration by the Senate Judiciary Committee.