Laken Riley Act
Officially: “Laken Riley Act” Read the full text
What it does
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1Short title
This section would state that the Act may be called the Laken Riley Act.
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1. Short title This Act may be cited as the Laken Riley Act .
2Detention of certain aliens who commit theft
This section would add a new category of aliens whom the Department of Homeland Security must take into custody under section 236(c) of the Immigration and Nationality Act. The new category covers an alien who both is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a) of that Act, and is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts that make up the essential elements of a burglary, theft, larceny, or shoplifting offense. For this new category, the terms burglary, theft, larceny, and shoplifting would carry whatever meaning those terms have under the law of the place where the acts happened. The Secretary of Homeland Security would have to issue a detainer for any alien who falls into this new category, and if the alien is not already being detained by a federal, state, or local official, the Secretary would have to take custody of the alien quickly and without delay.
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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. .
3Enforcement by attorney general of a State
This section would let a state's attorney general, or another state officer authorized to act, sue federal officials in an appropriate United States district court for an injunction (a court order) when certain federal immigration duties described below are violated in a way that harms the state or its residents. In every instance created by this section, the court hearing the case must move it forward and decide it as quickly as practical, and the state or its residents count as having been harmed if they experience any harm, including financial harm of more than $100. (a) It would create this lawsuit right for violations of the detention and removal requirements in paragraph (1) or (2) of section 235(b) of the Immigration and Nationality Act, which governs inspection of people seeking admission to the United States; the suit would be brought against the Secretary of Homeland Security. (b) It would amend section 236(e) of the Act by striking the words or release and by striking grant, revocation, or denial and inserting revocation or denial. The text of this bill does not include the current wording of section 236(e), so this rendering cannot describe what that subsection currently covers or the resulting scope of the change beyond these two edits. It would also create a lawsuit right, against the Attorney General or the Secretary of Homeland Security (whichever made the decision), for an action or decision by either official under section 236 to release an alien or to grant an alien bond or parole that harms a state or its residents. (c) It would create this lawsuit right, against the Secretary of State, for violations of the requirement described in subsection (d) of section 243 of the Act to stop issuing visas to citizens, subjects, nationals, and residents covered by that subsection. (d) It would replace the Attorney General with the Secretary of Homeland Security as the responsible official everywhere the term Attorney General appears in section 212(d)(5) of the Act, the provision on parole of aliens. It would also create a lawsuit right, against the Secretary of Homeland Security, for violations of the limitation in subparagraph (A) of that section that parole be granted only on a case-by-case basis and only for urgent humanitarian reasons or a significant public benefit. (e) It would reorganize the existing detention requirement in section 241(a)(2) of the Act, that an alien be detained during the removal period, into a labeled subparagraph (A), without changing what the requirement says. It would also create a lawsuit right, against the Secretary of Homeland Security, for violations of that detention requirement. (f) It would state that the general limit on court-ordered injunctive relief in paragraph (1) of section 242(f) of the Act does not apply to the new lawsuits this section creates: those brought under section 235(b)(3), under subsection (e) or (f) of section 236, or under section 241(a)(2)(B). This means those new lawsuits would not be restricted by that general limit.
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3. Enforcement by attorney general of a State (a) Inspection of applicants for admission Section 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 State The 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 aliens Section 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 State The 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) Penalties Section 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 State The 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 aliens Section 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) Detention Section 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 general During the removal period, ; and (2) by adding at the end the following: (B) Enforcement by attorney general of a State The 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 relief Section 242(f) of the Immigration and Nationality Act ( 8 U.S.C. 1252(f) ) is amended by adding at the end following: (3) Certain actions Paragraph (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). . January 7, 2025 Read the second time and placed on the calendar
Where it is
In the Senate.