Under this bill, a group
that regularly gets together to use marijuana that is legal under State
law would still be committing a felony under Federal law and would be a
criminal gang. That could include groups of people who are using
marijuana for medicinal purposes to treat epilepsy or cancer who are
taking marijuana consistent with State law. Second, the bill authorizes DHS to deny admission or to deport any
immigrant, including one who has no criminal history or gang
affiliation whatsoever, so long as DHS merely believes the person is
associated with such a group. Sections 2(b) and 2(c) of the bill expressly authorize DHS officers
and immigration judges to deport an immigrant on nothing more than a
reason to believe that the individual has been a member of a gang or
has participated in the activities of a gang as defined under these
rather broad provisions. There is no need for conviction or even an
arrest. All DHS needs is a belief that the individual has assisted any
group of five or more people that DHS believes has committed one of
these long list of offenses.
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immigration immigrant