Should Members of Gangs Like MS-13 be Banned From Entering the U.S. and Deported If They’re Here Illegally? (H.R. 3697)

What is H.R. 3697?

(Updated October 31, 2019)

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. 3697

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring 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.”

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. This legislation has the support of three Republican cosponsors in the House.

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. Barbara Comstock (R-VA) Press Release
  
• House Judiciary Committee Press Release
  
• White House Statement of Administration Policy (In Favor)
• The Hill
  
• Spokesman Review
  
• Countable (Context)