Homeland security now means you can’t legally enter the United States if you are a foreign national and the State Department knows you are a fully patched member of the Hells Angels, Outlaws, Bandidos, or Mongols. Apparently prospects are okay. Apparently Pagans, Vagos and Night Wolves are okay.
The prohibition is found in the United States Department of State Foreign Affairs Manual Volume 9. It is an update to the Immigration Act of 1990 which defines “the inadmissibility of aliens seeking to enter the United States to engage solely, principally, or incidentally in espionage, sabotage, or activities to unlawfully oppose, control, or overthrow the Government of the United States.
The regulation, codified as INA 212(a)(3)(A)(ii), prohibits members “of a KNOWN criminal organization” from entering the country and specifically names “the biker gangs the Hells Angels, the Outlaws, Bandidos, and the Mongols. If an active member of one of these organized crime groups applies for a visa, you must suspend processing the visa application, deny it under INA 221(g), and submit a request for an advisory opinion to CA/VO/L/A.”
The State Department “began considering organized crime membership as a ground of ineligibility in 1965, when Attorney General Katzenbach concurred with a recommendation by Secretary of State Rusk that an alien’s membership in the Mafia was sufficient basis to find the alien ineligible under then section INA 212(a)(27).” The prohibition was last refined by a secret agreement between the State Department and the Department of Homeland Security last year to extend ineligibility “to active members of the organized crime group known as the Yakuza, and the organized biker gangs Hells Angels, Outlaws, Bandidos, and Mongols.”
“The basis for these determinations,” the manual explains. “was that these groups operated as permanent organized criminal societies. Active membership in these groups could reasonably be considered to involve a permanent association with criminal activities and, therefore, could reasonably support a conclusion that any travel by such an alien to the United States could result in a violation of U.S. law, whether as a principal or incidental result of such travel. Therefore, while the ineligibility as a matter of law related to the specific nature of the trip, the basis for making the finding gave a reasonable basis for treating this as a blanket ineligibility which would apply to every application for entry to the United States.”
One obvious problem with this policy which will keep us safe is that some foreign patch holders may remain unknown. So early in 2012 Homeland Security and other federal police agencies began collecting the names of foreign patch holders in the four named clubs.
The identities of these men has been collected from foreign police sources and from intelligence gathering at biker events in Europe. Members of several American federal police forces have participated in this intelligence gathering which relies heavily on photo ID checks at the entrances to European biker rallies.