This bill (1) is constitutionally unsound; (2) has a very low
standard of proof; and (3) will result in a sweeping effect among many
innocent individuals who have not committed any crime, and thus, raises
due process and racial profile concerns. First, this bill lacks a constitutional construct for how Homeland
Security is to determine its designation of a ``criminal street gang''. I offered an amendment that would have required a uniform legal
standard, which will govern the identification of Criminal Street gang
members for purposes of ICE enforcement. According to this bill, `any' immigrant, including minors, such as a
13 or 14 year old juvenile, would be subject to the harsh penalties of
detention and deportation. If we begin to criminalize for associations then we are heading down
a terribly dark road, particularly with youths. Statistics show that
the brain does not fully develop until the age of 25.
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