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house Bill H.R. 98

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

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.

Miles's Opinion
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01/24/2019
I cannot even believe this is up for debate. If you’re sitting there scratching your head finding reasons to say no to this, you are one of the biggest problems in America & I’m not being hyperbolic. To the person below me; they mean denying them even legal, non asylum entry. Also, no, they are not usually deported in sanctuaries.
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SneakyPete's Opinion
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01/24/2019
👍🏻 H.R. 98 AKA the Criminal Alien Gang Member Removal Act 👍🏻 I’m in VERY strong support of and recommend the passage of the House bill H.R. 98 AKA which 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 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. SneakyPete......... 👎🏻👎🏻MS13👎🏻👎🏻. 1*24*19..........
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Marylynn's Opinion
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01/24/2019
What an asinine question. That would be like asking if terrorists should be banned from entering the US... Who the hell comes up with these questions????
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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.

murf's Opinion
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01/24/2019
The dumbest bill I’ve ever seen proposed, even by a Republican. Gang members are currently not allowed into the country when caught illegally crossing the border. They are denied asylum after review and are deported if found elsewhere without documents. This bill is proposed SOLELY for Righty propaganda, to frighten the gullible by suggesting there is no such law NOW.
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TheModerateGuy's Opinion
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01/24/2019
Listen up people.Even though it is a no brainer and I would say “Yea,” my facts stand. MS-13 is a California based teenage gang. They’re mostly naturalized/US-born Salvidoreños. It costs $12.5k to deport someone according to ICE and Homeland Security (facts shared in 2018). It costs $4.5k to bring them back if we accidentally deport them. I don’t want $17k of taxpayer dollars to rhetoric like this. Shame that no one reads these papers by our OWN government. Trump has just been spreading deceiving facts about this gang, this US based gang watched by the FBI for 23 years.
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I.Got.an.Idea...'s Opinion
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01/25/2019
I would like to support this, because we certainly do not want the likes of MS-13 in our country. However, this bill would give the legal right to ban just about anyone that Conservatives want to refer to as “Gang”” members”. Look at what Conservatives did to Japanese students during the era of WWII and McCarthyism. They banned and imprisoned student protesters of war and labeled them communists, not allowing them to see their families and their families and children had no idea where they disappeared to and they their husband and father were locked in a federal prison for months and years with now contact. This is exactly Republican’s/ Conservative’s vision. Unethical. Immoral. In-humane. This bill gives Republicans the ability to call you and your family a gang and not allow you back in this country.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The senate has not voted
  • The house has not voted
      house Committees
      Committee on the Judiciary
    IntroducedJanuary 3rd, 2019

What is House Bill H.R. 98?

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.

Impact

Foreign nationals who are members of gangs; law enforcement agencies; and Congress.

Cost of House Bill H.R. 98

A CBO cost estimate is unavailable.

More Information

In-Depth: Rep. Vern Buchanan (R-FL) reintroduced this bill from the 115th Congress to prohibit gang members from entering the U.S. and allow for their deportation if they're already in the country.

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 NoteMS-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:

Summary by Eric Revell

(Photo Credit: FBI / Public Domain)

AKA

Criminal Alien Gang Member Removal Act

Official Title

To amend the Immigration and Nationality Act with respect to aliens associated with criminal gangs, and for other purposes.

    I cannot even believe this is up for debate. If you’re sitting there scratching your head finding reasons to say no to this, you are one of the biggest problems in America & I’m not being hyperbolic. To the person below me; they mean denying them even legal, non asylum entry. Also, no, they are not usually deported in sanctuaries.
    Like (200)
    Follow
    Share
    The dumbest bill I’ve ever seen proposed, even by a Republican. Gang members are currently not allowed into the country when caught illegally crossing the border. They are denied asylum after review and are deported if found elsewhere without documents. This bill is proposed SOLELY for Righty propaganda, to frighten the gullible by suggesting there is no such law NOW.
    Like (232)
    Follow
    Share
    Listen up people.Even though it is a no brainer and I would say “Yea,” my facts stand. MS-13 is a California based teenage gang. They’re mostly naturalized/US-born Salvidoreños. It costs $12.5k to deport someone according to ICE and Homeland Security (facts shared in 2018). It costs $4.5k to bring them back if we accidentally deport them. I don’t want $17k of taxpayer dollars to rhetoric like this. Shame that no one reads these papers by our OWN government. Trump has just been spreading deceiving facts about this gang, this US based gang watched by the FBI for 23 years.
    Like (136)
    Follow
    Share
    I would like to support this, because we certainly do not want the likes of MS-13 in our country. However, this bill would give the legal right to ban just about anyone that Conservatives want to refer to as “Gang”” members”. Look at what Conservatives did to Japanese students during the era of WWII and McCarthyism. They banned and imprisoned student protesters of war and labeled them communists, not allowing them to see their families and their families and children had no idea where they disappeared to and they their husband and father were locked in a federal prison for months and years with now contact. This is exactly Republican’s/ Conservative’s vision. Unethical. Immoral. In-humane. This bill gives Republicans the ability to call you and your family a gang and not allow you back in this country.
    Like (105)
    Follow
    Share
    👍🏻 H.R. 98 AKA the Criminal Alien Gang Member Removal Act 👍🏻 I’m in VERY strong support of and recommend the passage of the House bill H.R. 98 AKA which 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 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. SneakyPete......... 👎🏻👎🏻MS13👎🏻👎🏻. 1*24*19..........
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    What an asinine question. That would be like asking if terrorists should be banned from entering the US... Who the hell comes up with these questions????
    Like (61)
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    This bill is deceptive, duplicitous, and duplicative. It repeats laws that already exist, tars swaths of unrelated people with the same brush, and fundamentally mischaracterizes actual risks. MS-13 is from the USA. From LA, specifically, and from the 80’s. They exist because of the actions of the USA interventions and responses to the Salvadoran Civil War. In 2018, the gang accounted for less than 1% of total gang members in the United States (1.4 million), and a similar share of gang murders. There were an estimated 10,000 MS-13 gang members in 2018 most of whom are Americans. This figure had been stable for more than a decade. There is no evidence that weak immigration enforcement or sanctuary city policies contribute to MS-13 activity. The Republicans messages don’t hold up to a reality check. They aren’t even the worst gang. The FBI rankings has them at 7th of 12. Surenos, Barrio Azteca and Tango Blast are the top three.
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    The U.S. should refuse admission to foreign nationals (regardless of status) who are members of criminal gangs (such as MS13) and those already in the country should be detained and deported.
    Like (41)
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    Keep the gang members out of our country or we will have even worse crime. That means build the wall! Vet who is coming in very carefully. This should already be in place.
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    Why is this even a question!? No person with any sense would be opposed to this.
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    The way this bill is written there is too much opportunity for abuse. Someone just decides 5 people are now a criminal gang? No. The principle driving this effort is worth pursuing - but not the way this bill is written. Nope. Go back to the drawing board and do a better bill to address the issue. Get bi partisan involvement in improving this.
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    If they are so dangerous, why are the agencies that protect us from them going unpaid and unfunded? Obviously they aren’t as big a problem as Trump pretends.
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    Is this even a question? If someone is here illegally they should be deported, period. If they’re here illegally, and they’re a criminal, why are they even still here?!? As for being barred from entry, it isn’t right to punish someone for a crime they have yet to commit, but we have good reason to believe they will be committing crimes, so we should protect our citizens first.
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    That SHOULD be a no-brainer!!! Why would ANYONE in their right mind want to allow such criminals to stay in this country?! What has happened to people’s respect for the RULE OF LAW?! Gangs like MS13 are vicious predators!
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    It’s a gang Right! They are not from here Right! They are worse than The Latin Kings, Mexican Posse and many other home grown gangs! As for the Black Gangs? Bloods, Crips, Gangster Disciples! Those guys don’t have a clue on how vicious these guys are! I have relatives in Law Enforcement from Federal to Local and am privy to a lot of information! Most of you folks out there don’t have a Damned Clue!!! These guys come in and their whole face let alone as their body is tattooed with gang stuff! They are sworn to do evil as that is what they are! They don’t care if they get bought and get life as they will be faithful till death and are sworn to it! A lot of our worst gangs have a rule that you can not complete your initiation until you kill someone! That’s where a lot of random drive by shootings come from! They don’t care who the newcomer kills as long as they kill! Anyone to include a child! It doesn’t matter to them! Where the Hell have you people been????
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    This I support fully. If they are known MS-13 gang members then they shouldn’t be allowed here and if they are here illegally then they should be deported.
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    WE have enough criminals! Only let in people who can add to good things in the US.
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    There is no need for this bill. Gangs etc are NOT ALLOWED IN THE US. NOW. This is just an attempt to create fear & phobia among those who don’t know the facts. This bill SHOULD BE CHANGED TO INCLUDE ANY PERSON OR GROUPS THAT ARE UNDER INVESTIGATION OR HAVE BEEN CONVICTED OF ANY KIND OF FEDERAL CRIME. This includes the Russian mob with whom Trump associates.
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    It is too unclear as to who decides and what criteria is used to determine if someone is in a gang.
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    This is a bill for racial profiling!
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