Laken Riley Act
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
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 29 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 29
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Collins (for himself, Mr. Allen, Ms. Greene of Georgia, Mr. Clyde,
Mr. Carter of Georgia, Mr. Loudermilk, Mr. Austin Scott of Georgia, Mr.
McCormick, Mr. Bost, Mr. Babin, Mr. Feenstra, Ms. Mace, Mr. Cline, Mr.
Nehls, Mr. Ogles, Mr. Crenshaw, Mr. McCaul, Mr. Finstad, Mr. Kustoff,
Mrs. Hinson, Mrs. Houchin, Ms. Malliotakis, Mr. Ezell, Ms. Tenney, Mrs.
Luna, Mr. Owens, Mr. Fitzgerald, Mr. Aderholt, Mr. Weber of Texas, Mr.
Johnson of South Dakota, Mr. Stauber, Mr. Van Drew, Mr. Nunn of Iowa,
Mr. Jack, Mr. Bresnahan, Mr. Buchanan, Mr. McClintock, Mrs.
Harshbarger, Mr. Joyce of Pennsylvania, and Mrs. Fischbach) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Laken Riley Act''.
SEC. 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 where 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.''.
SEC. 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 paragraphs (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 it 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).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Considered under the provisions of rule H. Res. 5. (consideration: CR H53-61)
DEBATE - The House proceeded with one hour of debate on H.R. 29.
The previous question was ordered pursuant to the rule.
POSTPONED PROCEEDINGS - At the conclusion of debate on H.R. 29, the Chair put the question on passage of the bill and by voice vote, announced that the ayes had prevailed. Mr. Raskin demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Considered as unfinished business. (consideration: CR H61)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 159 (Roll no. 6). (text: CR H53-54)
Roll Call #6 (House)On passage Passed by the Yeas and Nays: 264 - 159 (Roll no. 6). (text: CR H53-54)
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Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10.