Laken Riley Act
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The Laken Riley Act requires the Department of Homeland Security to detain non-U.S. nationals who are unlawfully present and have been charged with, arrested for, or convicted of theft, burglary, larceny, shoplifting, assaulting a law enforcement officer, or crimes causing death or serious injury.
It also lets state attorneys general sue the federal government over certain immigration enforcement decisions or failures, such as releasing detained individuals or granting parole outside the case-by-case standard, marking an expansion of state power to challenge federal immigration enforcement in court.
What this law does
What it does
The law amends the Immigration and Nationality Act to require the Department of Homeland Security to issue a detainer and take custody of any non-U.S. national who is unlawfully present or lacked proper documents at admission and who has been charged with, arrested for, convicted of, or admits to committing burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime resulting in death or serious bodily injury. The definitions of these offenses follow the law of the jurisdiction where the acts occurred. The law also creates new standing for state attorneys general (or other authorized state officers) to sue the federal government for injunctive relief over specific immigration enforcement failures: releasing detained aliens, failing to properly inspect applicants for admission, failing to suspend visas for countries that refuse to accept returned nationals, granting parole outside the case-by-case standard, or failing to detain someone ordered removed. Courts must expedite these cases, and a state is considered harmed if it or its residents suffer any harm, including financial harm over $100.
Key provisions
- 1Requires DHS to detain non-U.S. nationals charged with, arrested for, or convicted of theft, burglary, larceny, shoplifting, assaulting a law enforcement officer, or crimes causing death or serious injury.
- 2Directs DHS to issue a detainer and take custody of qualifying individuals if not already detained by other authorities.
- 3Grants state attorneys general standing to sue over federal failures to properly inspect applicants for admission, including asylum interview requirements.
- 4Grants state attorneys general standing to sue over decisions to release aliens or grant bond or parole that harm the state or residents.
- 5Grants state attorneys general standing to sue over failures to suspend visa issuance to countries that refuse to accept returned nationals.
- 6Grants state attorneys general standing to sue over parole granted outside the case-by-case, urgent-need standard.
- 7Grants state attorneys general standing to sue over failures to detain individuals ordered removed, and limits restrictions on injunctive relief for these new claims.
Who is affected
Non-U.S. nationals in the United States who are unlawfully present or improperly documented and are charged with or convicted of the listed crimes; the Department of Homeland Security and Department of State, which must carry out new detention and visa duties; and state governments, which gain new legal standing to sue over federal immigration decisions.
Why it matters
Affected individuals face mandatory federal detention rather than possible release pending proceedings, even before conviction in some cases. State governments gain a new, expedited legal avenue to challenge federal immigration enforcement decisions in court, potentially reshaping the balance of power between states and federal immigration authorities.
What changed
Changes to existing law
Amends Immigration and Nationality Act Sec. 236(c) (8 U.S.C. 1226(c)) (Sec. 2)
Adds mandatory detention for aliens charged with, arrested for, or convicted of theft-related crimes or crimes causing death/serious injury.
Amends Immigration and Nationality Act Sec. 235(b) (8 U.S.C. 1225(b)) (Sec. 3(a))
Adds state attorney general standing to sue over failures in inspecting applicants for admission.
Amends Immigration and Nationality Act Sec. 236 (8 U.S.C. 1226) (Sec. 3(b))
Adds state standing to sue over decisions to release aliens or grant bond/parole.
Amends Immigration and Nationality Act Sec. 243 (8 U.S.C. 1253) (Sec. 3(c))
Adds state standing to sue over failures to suspend visas for countries refusing to accept returned nationals.
Amends Immigration and Nationality Act Sec. 212(d)(5) (8 U.S.C. 1182(d)(5)) (Sec. 3(d))
Transfers parole authority references to the Secretary of Homeland Security and adds state standing to sue over improper parole grants.
Amends Immigration and Nationality Act Sec. 241(a)(2) (8 U.S.C. 1231(a)(2)) (Sec. 3(e))
Adds state standing to sue over failures to detain aliens ordered removed during the removal period.
Amends Immigration and Nationality Act Sec. 242(f) (8 U.S.C. 1252(f)) (Sec. 3(f))
Exempts the new state enforcement lawsuits from existing limits on injunctive relief in immigration cases.
Agencies directed to act
How it works
The Department of Homeland Security must issue detainers and take custody of qualifying individuals, using state or local definitions of the underlying offenses. State attorneys general or authorized officers may file suit in federal district court against the Secretary of Homeland Security, Attorney General, or Secretary of State when a state or its residents are harmed by qualifying enforcement failures, including financial harm exceeding $100. Courts are directed to expedite and advance such cases on their dockets, and a related provision limits normal restrictions on injunctive relief for these specific types of claims.
Legislative status & sources
Latest action
Became Public Law No: 119-1.
Official CRS summary
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This act 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, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.
Under this act, 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 the above crimes.
The act 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; Violent crime; Visas and passports