119th Congress (2025-2026)

S 5

Laken Riley Act

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US Congress

Session

119th Congress (2025-2026)

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Senate

Session

119th Congress (2025-2026)

Jurisdiction

US Congress

Bill overview

The Laken Riley Act aims to increase the detention of certain non-U.S. nationals who have been arrested for theft-related crimes. It requires the Department of Homeland Security to detain individuals charged with burglary, theft, larceny, or shoplifting, particularly those deemed inadmissible due to these charges. Furthermore, it allows states to sue the federal government if immigration decisions or failures result in financial harm to the state or its residents, exceeding $100.

Key provisions

Requires DHS to detain non-U.S. nationals charged with theft-related offenses.
Expands the definition of ‘theft’ to include burglary, larceny, and shoplifting.
Authorizes states to sue DHS for immigration-related harms exceeding $100.
Grants states standing to challenge DHS decisions regarding alien release or parole.
Addresses visa granting limitations, allowing states to sue over violations.
Modifies detention procedures, requiring DHS to issue detainers and take custody of individuals.
Clarifies the definition of ‘harm’ for state lawsuits.
Specifies that certain actions, such as state-initiated lawsuits, are exempt from the injunctive relief limitations.

Who is affected

Non-U.S. nationals
State governments
The Department of Homeland Security
U.S. residents
Immigration attorneys

Notable changes

States can sue the federal government over immigration enforcement decisions.

Positions across the country

No public positions recorded for this legislation.

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Legislative history

2025-01-06Senate

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

2025-01-06

Introduced in Senate

2025-01-07Senate

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1.

2025-01-08Senate

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S46)

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Jan 7, 2025XMLView source

119th CONGRESS — 1st Session

S. 5

IN THE SENATE OF THE UNITED STATES

A BILL

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes.

1.Short title

This Act may be cited as the

Laken Riley Act

2.Detention of certain aliens who commit theft

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—

(1)

in paragraph (1)—

(A)in subparagraph (C), by striking or;

(B)

in subparagraph (D), by striking the comma at the end and inserting , or; and

(C)

by inserting after subparagraph (D) the following:

(E)

(i)is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a); and

(ii)

is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense,

;

(2)

by redesignating paragraph (2) as paragraph (4); and

(3)

by inserting after paragraph (1) the following:

(2)Definition

For purposes of paragraph (1)(E), the terms burglary, theft, larceny, and shoplifting have the meaning given such terms in the jurisdiction in which the acts occurred.

(3)Detainer

The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.

3.Enforcement by attorney general of a State

(a)Inspection of applicants for admissionSection 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

(3)Enforcement by attorney general of a StateThe attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.

(b)Apprehension and detention of aliensSection 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by this Act, is further amended—

(1)

in subsection (e)—

(A)

by striking or release; and

(B)

by striking grant, revocation, or denial and insert revocation or denial; and

(2)

by adding at the end the following:

(f)Enforcement by attorney general of a StateThe attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.

(c)PenaltiesSection 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by adding at the end the following:

(e)Enforcement by attorney general of a StateThe attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.

(d)Certain classes of aliensSection 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—

(1)

by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and

(2)

by adding at the end the following:

(C)The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.

(e)DetentionSection 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended—

(1)by striking During the removal period, and inserting the following:

(A)In generalDuring the removal period,

; and

(2)

by adding at the end the following:

(B)Enforcement by attorney general of a StateThe attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.

(f)Limit on injunctive reliefSection 242(f) of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end following:

(3)Certain actionsParagraph (1) shall not apply to an action brought pursuant to section 235(b)(3), subsections (e) or (f) of section 236, or section 241(a)(2)(B).

S 5