Laken Riley Act
Click any stage to learn more about the legislative process.
The Laken Riley Act would require the Department of Homeland Security to mandatorily detain noncitizens who are unlawfully present or inadmissible and have been charged with, arrested for, or convicted of burglary, theft, larceny, or shoplifting — with no discretion to release them on bond or parole.
It would also grant state attorneys general a new legal tool to sue the federal government in federal court over a range of immigration enforcement decisions, including releasing detainees, improperly using parole authority, or failing to detain individuals ordered removed — setting a very low $100 financial-harm threshold for standing.
What this bill would do
What it would do
The bill would do two main things. First, it would amend the Immigration and Nationality Act to add mandatory detention for noncitizens who are inadmissible under specified grounds and who have been charged with, arrested for, convicted of, or admit to committing burglary, theft, larceny, or shoplifting. DHS would be required to issue a detainer for any such individual and, if not already in custody, to take custody of them expeditiously. The terms "burglary," "theft," "larceny," and "shoplifting" would be defined by the jurisdiction where the acts occurred.
Second, the bill would give state attorneys general — or other authorized state officers — standing to sue the federal government in federal district court for injunctive relief over five categories of immigration enforcement failures: releasing a noncitizen from custody; failing to meet admission-inspection or asylum-interview requirements; failing to stop issuing visas to nationals of a country that unreasonably delays accepting deportees; violating restrictions on immigration parole; or failing to detain someone under a removal order. A state or its residents would qualify as harmed if they suffer any harm, including financial harm exceeding $100.
Key provisions
- 1Would require DHS to mandatorily detain inadmissible noncitizens who have been charged with, arrested for, convicted of, or admit to burglary, theft, larceny, or shoplifting.
- 2Would require DHS to issue a detainer and take expeditious custody of any qualifying noncitizen not already held by federal, state, or local officials.
- 3Would authorize state attorneys general to sue DHS in federal district court over decisions to release, grant bond, or grant parole to any noncitizen that harms the state or its residents.
- 4Would authorize state AGs to sue over failures to comply with admission inspection and asylum-interview requirements, parole limitations, visa-discontinuation requirements, or removal-period detention requirements.
- 5Would set a $100 financial harm threshold as sufficient to establish that a state or its residents have been harmed for standing purposes in all state AG suits.
- 6Would exempt state AG immigration suits from the existing statutory bar on injunctive relief against class-wide immigration enforcement.
Who would be affected
Noncitizens who are inadmissible or unlawfully present and face any theft-related charge would be subject to mandatory immigration detention regardless of the severity of the charge. State governments — specifically attorneys general — gain new enforcement authority against federal immigration officials. Federal agencies, particularly DHS and the State Department, face new litigation exposure from all 50 states.
Why it matters
The mandatory detention provision removes DHS discretion to release noncitizens charged with even minor theft offenses, such as shoplifting. The state-lawsuit mechanism would allow any state AG to challenge federal immigration decisions in court with a very low harm threshold, potentially enabling dozens of simultaneous lawsuits that could compel or constrain federal enforcement choices across a wide range of immigration functions.
What would change
Changes to existing law
Amends Immigration and Nationality Act, Section 236(c) (8 U.S.C. 1226(c)) (Sec. 2)
Adds mandatory detention for inadmissible noncitizens charged with or convicted of burglary, theft, larceny, or shoplifting; adds detainer and custody requirements.
Amends Immigration and Nationality Act, Section 235(b) (8 U.S.C. 1225(b)) (Sec. 3(a))
Grants state attorneys general standing to sue DHS over violations of admission-inspection and asylum-interview detention and removal requirements.
Amends Immigration and Nationality Act, Section 236 (8 U.S.C. 1226) (Sec. 3(b))
Grants state AGs standing to sue over decisions to release, grant bond, or grant parole to noncitizens; removes 'release' from judicial review bar.
Amends Immigration and Nationality Act, Section 243 (8 U.S.C. 1253) (Sec. 3(c))
Grants state AGs standing to sue the Secretary of State over failures to discontinue visas to nationals of uncooperative countries.
Amends Immigration and Nationality Act, Section 212(d)(5) (8 U.S.C. 1182(d)(5)) (Sec. 3(d))
Grants state AGs standing to sue DHS over violations of the requirement that immigration parole be granted only case-by-case for humanitarian or public-benefit reasons.
Amends Immigration and Nationality Act, Section 241(a)(2) (8 U.S.C. 1231(a)(2)) (Sec. 3(e))
Grants state AGs standing to sue DHS over violations of the requirement to detain noncitizens during the removal period.
Amends Immigration and Nationality Act, Section 242(f) (8 U.S.C. 1252(f)) (Sec. 3(f))
Exempts state AG enforcement suits from the general bar on injunctive relief against class-wide immigration enforcement operations.
Agencies directed to act
How implementation would work
DHS would be self-executing on the detention side: upon a qualifying charge or arrest, the agency must issue a detainer and take physical custody if the individual is not already held. No rulemaking is specified. For the state-enforcement provisions, state attorneys general would file civil actions in federal district court; courts are directed to advance and expedite these cases to the greatest extent practicable. No administrative exhaustion requirement is stated. The bill also exempts these state-AG lawsuits from the general statutory provision that limits injunctions against class-wide immigration enforcement, allowing courts to grant relief in individual state-initiated suits.
Legislative status & sources
Latest action
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.
Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.
The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a
- decision to release a non-U.S. national from custody;
- failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
- failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
- violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
- failure to detain an individual who has been ordered removed from the United States.
Legislative subjects
Border security and unlawful immigration; Civil actions and liability; Crimes against property; Criminal investigation, prosecution, interrogation; Detention of persons; Immigration; Immigration status and procedures; Intergovernmental relations; Refugees, asylum, displaced persons; State and local government operations; Visas and passports