US
Us Congress House Bill HB29

Us Congress 2025-2026 Regular Session

Us Congress House Bill HB29

Introduced
1/3/25  
Refer
1/3/25  

Caption

Laken Riley ActThis 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 adecision 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; orfailure to detain an individual who has been ordered removed from the United States.

Impact

This legislation significantly impacts immigration law by altering the standards for the detention of certain non-citizens. It broadens the categories of individuals who can be detained, specifically targeting those accused of property crimes. Additionally, by granting states the ability to pursue legal actions against the federal government regarding immigration enforcement, it may shift some enforcement responsibilities and risks associated with illegal immigration governance back to the state level, creating a dual enforcement approach.

Summary

House Bill 29, known as the 'Laken Riley Act', mandates the Department of Homeland Security (DHS) to detain non-U.S. nationals arrested for crimes like burglary, theft, larceny, or shoplifting. The bill specifies that individuals who are unlawfully present in the U.S. or lack proper documentation and have been charged with these offenses must be detained by DHS. Furthermore, the bill includes provisions for states to sue the federal government regarding immigration enforcement failures or decisions compromising state interests, especially financial aspects exceeding $100.

Sentiment

Discussions around HB 29 have shown a mix of support and opposition, with supporters claiming it strengthens local law enforcement and holds non-citizens accountable for crimes. Conversely, opponents argue that the bill could lead to racial profiling and overreach by federal authorities in enforcing immigration laws. The sentiment reflects deep divisions in attitudes towards immigration policy, balancing security interests against civil liberties.

Contention

Notable points of contention include concerns about the implications of increasing state power over immigration enforcement and the potential for unconstitutional detentions. Critics fear that it may further exacerbate tensions related to immigration policies and could create confusion in law enforcement between state and federal responsibilities. The proposed ability for state attorney generals to sue also raises legal questions about the separation of powers and federalism.

Latest HB29 Activity

Companion Bills

US HR5

Related bill This resolution establishes rules for the House of Representatives for the 119th Congress.The resolution adopts the rules from the 118th Congress with specified changes, includingproviding that a resolution vacating the Office of Speaker is only privileged (takes precedence over all matters other than motions to adjourn) if it is offered by a sponsor of the majority party joined by eight cosponsors from the majority party; providing that the Speaker may only entertain a motion to suspend the rules on Mondays, Tuesdays, and Wednesdays; prohibiting waiver (by rule or by order) of the germaneness rule (which requires amendments to be of the same subject matter as the measure under consideration); and prohibiting consideration of measures that exceed a specified long-term budget impact according to the Congressional Budget Office.Additional changes includeauthorizing the use of electronic voting within a committee;authorizing remote appearances by non-executive branch witnesses and their counsel in committee proceedings; eliminating the House Office of Diversity and Inclusion; eliminating certain collective bargaining rights for employees of the House of Representatives; reauthorizing the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party; reauthorizing the Tom Lantos Human Rights Commission; and reauthorizing the House Democracy Assistance Commission (an entity that advises democratic parliaments in other countries) and renaming it the House Democracy Partnership. The resolution provides for the consideration of H.R. 21, H.R. 22, H.R. 23, H.R. 26, H.R. 27, H.R. 28, H.R. 29, H.R. 30, H.R. 31, H.R. 32, H.R. 33, and H.R. 35.

US SB5

Related bill Laken Riley ActThis 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 adecision 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; orfailure to detain an individual who has been ordered removed from the United States.

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