Us Congress 2023-2024 Regular Session

Us Congress House Bill HB7511 Compare Versions

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1-II
2-Calendar No. 341
31 118THCONGRESS
42 2
53 DSESSION H. R. 7511
6-IN THE SENATE OF THE UNITED STATES
7-MARCH8, 2024
8-Received; read the first time
9-M
10-ARCH11, 2024
11-Read the second time and placed on the calendar
124 AN ACT
135 To require the Secretary of Homeland Security to take into
146 custody aliens who have been charged in the United
157 States with theft, and for other purposes.
168 Be it enacted by the Senate and House of Representa-1
17-tives of the United States of America in Congress assembled, 2
18-SECTION 1. SHORT TITLE. 3
19-This Act may be cited as the ‘‘Laken Riley Act’’. 4
20-SEC. 2. FINDINGS; SENSE OF CONGRESS. 5
9+tives of the United States of America in Congress assembled, 2 2
10+•HR 7511 EH
11+SECTION 1. SHORT TITLE. 1
12+This Act may be cited as the ‘‘Laken Riley Act’’. 2
13+SEC. 2. FINDINGS; SENSE OF CONGRESS. 3
2114 (a) F
22-INDINGS.—Congress finds that the Nation— 6
23-(1) mourns the devastating loss of Laken Riley 7
24-and other victims of the Biden administration’s open 8
25-borders policies; 9
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28-HR 7511 PCS
29-(2) honors the life and memory of Laken Riley 1
30-and other victims of the Biden administration’s open 2
31-borders policies; and 3
32-(3) denounces the open-borders policies of 4
33-President Joe Biden, ‘‘Border Czar’’ Vice President 5
34-Kamala Harris, Secretary of Homeland Security 6
35-Alejandro Mayorkas, and other Biden administration 7
36-officials. 8
15+INDINGS.—Congress finds that the Nation— 4
16+(1) mourns the devastating loss of Laken Riley 5
17+and other victims of the Biden administration’s open 6
18+borders policies; 7
19+(2) honors the life and memory of Laken Riley 8
20+and other victims of the Biden administration’s open 9
21+borders policies; and 10
22+(3) denounces the open-borders policies of 11
23+President Joe Biden, ‘‘Border Czar’’ Vice President 12
24+Kamala Harris, Secretary of Homeland Security 13
25+Alejandro Mayorkas, and other Biden administration 14
26+officials. 15
3727 (b) S
38-ENSE OFCONGRESS.—It is the sense of Con-9
39-gress that— 10
40-(1) the Biden administration should not have 11
41-released Laken Riley’s alleged murderer into the 12
42-United States; 13
43-(2) the Biden administration should have ar-14
44-rested and detained Laken Riley’s alleged murderer 15
45-after he was charged with crimes in New York, New 16
46-York, and Athens, Georgia; 17
47-(3) President Biden should publicly denounce 18
48-his administration’s immigration policies that re-19
49-sulted in the murder of Laken Riley; and 20
50-(4) President Biden should prevent another 21
51-murder like that of Laken Riley by ending the catch- 22
52-and-release of illegal aliens, increasing immigration 23
53-enforcement, detaining and removing criminal aliens, 24
54-reinstating the Remain in Mexico policy, ending his 25
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57-HR 7511 PCS
58-abuse of parole authority, and securing the United 1
59-States borders. 2
60-SEC. 3. DETENTION OF CERTAIN ALIENS WHO COMMIT 3
61-THEFT. 4
62-Section 236(c) of the Immigration and Nationality 5
63-Act (8 U.S.C. 1226(c)) is amended— 6
64-(1) in paragraph (1)— 7
65-(A) in subparagraph (C), by striking ‘‘or’’; 8
66-(B) in subparagraph (D), by striking the 9
67-comma at the end and inserting ‘‘, or’’; and 10
68-(C) by inserting after subparagraph (D) 11
69-the following: 12
70-‘‘(E)(i) is inadmissible under paragraph 13
71-(6)(A), (6)(C), or (7) of section 212(a), and 14
72-‘‘(ii) is charged with, is arrested for, is 15
73-convicted of, admits having committed, or ad-16
74-mits committing acts which constitute the es-17
75-sential elements of any burglary, theft, larceny, 18
76-or shoplifting offense,’’; 19
77-(2) by redesignating paragraph (2) as para-20
78-graph (4); and 21
79-(3) by inserting after paragraph (1) the fol-22
80-lowing: 23
28+ENSE OFCONGRESS.—It is the sense of Con-16
29+gress that— 17
30+(1) the Biden administration should not have 18
31+released Laken Riley’s alleged murderer into the 19
32+United States; 20
33+(2) the Biden administration should have ar-21
34+rested and detained Laken Riley’s alleged murderer 22
35+after he was charged with crimes in New York, New 23
36+York, and Athens, Georgia; 24 3
37+•HR 7511 EH
38+(3) President Biden should publicly denounce 1
39+his administration’s immigration policies that re-2
40+sulted in the murder of Laken Riley; and 3
41+(4) President Biden should prevent another 4
42+murder like that of Laken Riley by ending the catch- 5
43+and-release of illegal aliens, increasing immigration 6
44+enforcement, detaining and removing criminal aliens, 7
45+reinstating the Remain in Mexico policy, ending his 8
46+abuse of parole authority, and securing the United 9
47+States borders. 10
48+SEC. 3. DETENTION OF CERTAIN ALIENS WHO COMMIT 11
49+THEFT. 12
50+Section 236(c) of the Immigration and Nationality 13
51+Act (8 U.S.C. 1226(c)) is amended— 14
52+(1) in paragraph (1)— 15
53+(A) in subparagraph (C), by striking ‘‘or’’; 16
54+(B) in subparagraph (D), by striking the 17
55+comma at the end and inserting ‘‘, or’’; and 18
56+(C) by inserting after subparagraph (D) 19
57+the following: 20
58+‘‘(E)(i) is inadmissible under paragraph 21
59+(6)(A), (6)(C), or (7) of section 212(a), and 22
60+‘‘(ii) is charged with, is arrested for, is 23
61+convicted of, admits having committed, or ad-24
62+mits committing acts which constitute the es-25 4
63+•HR 7511 EH
64+sential elements of any burglary, theft, larceny, 1
65+or shoplifting offense,’’; 2
66+(2) by redesignating paragraph (2) as para-3
67+graph (4); and 4
68+(3) by inserting after paragraph (1) the fol-5
69+lowing: 6
8170 ‘‘(2) D
82-EFINITION.—For purposes of paragraph 24
83-(1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 25
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86-HR 7511 PCS
87-‘shoplifting’ have the meaning given such terms in 1
88-the jurisdiction where the acts occurred. 2
71+EFINITION.—For purposes of paragraph 7
72+(1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 8
73+‘shoplifting’ have the meaning given such terms in 9
74+the jurisdiction where the acts occurred. 10
8975 ‘‘(3) D
90-ETAINER.—The Secretary of Homeland 3
91-Security shall issue a detainer for an alien described 4
92-in paragraph (1)(E) and, if the alien is not other-5
93-wise detained by Federal, State, or local officials, 6
94-shall effectively and expeditiously take custody of the 7
95-alien.’’. 8
96-SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A 9
97-STATE. 10
76+ETAINER.—The Secretary of Homeland 11
77+Security shall issue a detainer for an alien described 12
78+in paragraph (1)(E) and, if the alien is not other-13
79+wise detained by Federal, State, or local officials, 14
80+shall effectively and expeditiously take custody of the 15
81+alien.’’. 16
82+SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A 17
83+STATE. 18
9884 (a) I
99-NSPECTION OFAPPLICANTS FORADMISSION.— 11
100-Section 235(b) of the Immigration and Nationality Act (8 12
101-U.S.C. 1225(b)) is amended— 13
102-(1) by redesignating paragraph (3) as para-14
103-graph (4); and 15
104-(2) by inserting after paragraph (2) the fol-16
105-lowing: 17
106-‘‘(3) E
107-NFORCEMENT BY ATTORNEY GENERAL 18
108-OF A STATE.—The attorney general of a State, or 19
109-other authorized State officer, alleging a violation of 20
110-the detention and removal requirements under para-21
111-graphs (1) or (2) that harms such State or its resi-22
112-dents shall have standing to bring an action against 23
113-the Secretary of Homeland Security on behalf of 24
114-such State or the residents of such State in an ap-25
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117-HR 7511 PCS
118-propriate district court of the United States to ob-1
119-tain appropriate injunctive relief. The court shall ad-2
120-vance on the docket and expedite the disposition of 3
121-a civil action filed under this paragraph to the great-4
122-est extent practicable. For purposes of this para-5
123-graph, a State or its residents shall be considered to 6
124-have been harmed if the State or its residents expe-7
125-rience harm, including financial harm in excess of 8
126-$100.’’. 9
85+NSPECTION OFAPPLICANTS FORADMISSION.— 19
86+Section 235(b) of the Immigration and Nationality Act (8 20
87+U.S.C. 1225(b)) is amended— 21
88+(1) by redesignating paragraph (3) as para-22
89+graph (4); and 23
90+(2) by inserting after paragraph (2) the fol-24
91+lowing: 25 5
92+•HR 7511 EH
93+‘‘(3) ENFORCEMENT BY ATTORNEY GENERAL 1
94+OF A STATE.—The attorney general of a State, or 2
95+other authorized State officer, alleging a violation of 3
96+the detention and removal requirements under para-4
97+graphs (1) or (2) that harms such State or its resi-5
98+dents shall have standing to bring an action against 6
99+the Secretary of Homeland Security on behalf of 7
100+such State or the residents of such State in an ap-8
101+propriate district court of the United States to ob-9
102+tain appropriate injunctive relief. The court shall ad-10
103+vance on the docket and expedite the disposition of 11
104+a civil action filed under this paragraph to the great-12
105+est extent practicable. For purposes of this para-13
106+graph, a State or its residents shall be considered to 14
107+have been harmed if the State or its residents expe-15
108+rience harm, including financial harm in excess of 16
109+$100.’’. 17
127110 (b) A
128-PPREHENSION AND DETENTION OFALIENS.— 10
129-Section 236 of the Immigration and Nationality Act (8 11
130-U.S.C. 1226), as amended by this Act, is further amend-12
131-ed— 13
132-(1) in subsection (e)— 14
133-(A) by striking ‘‘or release’’; and 15
134-(B) by striking ‘‘grant, revocation, or de-16
135-nial’’ and insert ‘‘revocation or denial’’; and 17
136-(2) by adding at the end the following: 18
111+PPREHENSION AND DETENTION OFALIENS.— 18
112+Section 236 of the Immigration and Nationality Act (8 19
113+U.S.C. 1226), as amended by this Act, is further amend-20
114+ed— 21
115+(1) in subsection (e)— 22
116+(A) by striking ‘‘or release’’; and 23
117+(B) by striking ‘‘grant, revocation, or de-24
118+nial’’ and insert ‘‘revocation or denial’’; and 25 6
119+•HR 7511 EH
120+(2) by adding at the end the following: 1
137121 ‘‘(f) E
138-NFORCEMENT BY ATTORNEYGENERAL OF A 19
122+NFORCEMENT BY ATTORNEYGENERAL OF A 2
139123 S
140-TATE.—The attorney general of a State, or other author-20
141-ized State officer, alleging an action or decision by the 21
142-Attorney General or Secretary of Homeland Security 22
143-under this section to release any alien or grant bond or 23
144-parole to any alien that harms such State or its residents 24
145-shall have standing to bring an action against the Attor-25
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148-HR 7511 PCS
149-ney General or Secretary of Homeland Security on behalf 1
124+TATE.—The attorney general of a State, or other author-3
125+ized State officer, alleging an action or decision by the 4
126+Attorney General or Secretary of Homeland Security 5
127+under this section to release any alien or grant bond or 6
128+parole to any alien that harms such State or its residents 7
129+shall have standing to bring an action against the Attor-8
130+ney General or Secretary of Homeland Security on behalf 9
131+of such State or the residents of such State in an appro-10
132+priate district court of the United States to obtain appro-11
133+priate injunctive relief. The court shall advance on the 12
134+docket and expedite the disposition of a civil action filed 13
135+under this subsection to the greatest extent practicable. 14
136+For purposes of this subsection, a State or its residents 15
137+shall be considered to have been harmed if the State or 16
138+its residents experience harm, including financial harm in 17
139+excess of $100.’’. 18
140+(c) P
141+ENALTIES.—Section 243 of the Immigration 19
142+and Nationality Act (8 U.S.C. 1253) is amended by add-20
143+ing at the end the following: 21
144+‘‘(e) E
145+NFORCEMENT BY ATTORNEYGENERAL OF A 22
146+S
147+TATE.—The attorney general of a State, or other author-23
148+ized State officer, alleging a violation of the requirement 24
149+to discontinue granting visas to citizens, subjects, nation-25 7
150+•HR 7511 EH
151+als, and residents as described in subsection (d) that 1
152+harms such State or its residents shall have standing to 2
153+bring an action against the Secretary of State on behalf 3
154+of such State or the residents of such State in an appro-4
155+priate district court of the United States to obtain appro-5
156+priate injunctive relief. The court shall advance on the 6
157+docket and expedite the disposition of a civil action filed 7
158+under this subsection to the greatest extent practicable. 8
159+For purposes of this subsection, a State or its residents 9
160+shall be considered to have been harmed if the State or 10
161+its residents experience harm, including financial harm in 11
162+excess of $100.’’. 12
163+(d) C
164+ERTAINCLASSES OF ALIENS.—Section 13
165+212(d)(5) of the Immigration and Nationality Act (8 14
166+U.S.C. 1182(d)(5)) is amended— 15
167+(1) by striking ‘‘Attorney General’’ each place 16
168+it appears and inserting ‘‘Secretary of Homeland Se-17
169+curity’’; and 18
170+(2) by adding at the end the following: 19
171+‘‘(C) The attorney general of a State, or other au-20
172+thorized State officer, alleging a violation of the limitation 21
173+under subparagraph (A) that parole solely be granted on 22
174+a case-by-case basis and solely for urgent humanitarian 23
175+reasons or a significant public benefit, that harms such 24
176+State or its residents shall have standing to bring an ac-25 8
177+•HR 7511 EH
178+tion against the Secretary of Homeland Security on behalf 1
150179 of such State or the residents of such State in an appro-2
151180 priate district court of the United States to obtain appro-3
152181 priate injunctive relief. The court shall advance on the 4
153182 docket and expedite the disposition of a civil action filed 5
154-under this subsection to the greatest extent practicable. 6
155-For purposes of this subsection, a State or its residents 7
156-shall be considered to have been harmed if the State or 8
157-its residents experience harm, including financial harm in 9
158-excess of $100.’’. 10
159-(c) P
160-ENALTIES.—Section 243 of the Immigration 11
161-and Nationality Act (8 U.S.C. 1253) is amended by add-12
162-ing at the end the following: 13
163-‘‘(e) E
164-NFORCEMENT BY ATTORNEYGENERAL OF A 14
165-S
166-TATE.—The attorney general of a State, or other author-15
167-ized State officer, alleging a violation of the requirement 16
168-to discontinue granting visas to citizens, subjects, nation-17
169-als, and residents as described in subsection (d) that 18
170-harms such State or its residents shall have standing to 19
171-bring an action against the Secretary of State on behalf 20
172-of such State or the residents of such State in an appro-21
173-priate district court of the United States to obtain appro-22
174-priate injunctive relief. The court shall advance on the 23
175-docket and expedite the disposition of a civil action filed 24
176-under this subsection to the greatest extent practicable. 25
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179-HR 7511 PCS
180-For purposes of this subsection, a State or its residents 1
181-shall be considered to have been harmed if the State or 2
182-its residents experience harm, including financial harm in 3
183-excess of $100.’’. 4
184-(d) C
185-ERTAINCLASSES OF ALIENS.—Section 5
186-212(d)(5) of the Immigration and Nationality Act (8 6
187-U.S.C. 1182(d)(5)) is amended— 7
188-(1) by striking ‘‘Attorney General’’ each place 8
189-it appears and inserting ‘‘Secretary of Homeland Se-9
190-curity’’; and 10
191-(2) by adding at the end the following: 11
192-‘‘(C) The attorney general of a State, or other au-12
193-thorized State officer, alleging a violation of the limitation 13
194-under subparagraph (A) that parole solely be granted on 14
195-a case-by-case basis and solely for urgent humanitarian 15
196-reasons or a significant public benefit, that harms such 16
197-State or its residents shall have standing to bring an ac-17
198-tion against the Secretary of Homeland Security on behalf 18
199-of such State or the residents of such State in an appro-19
200-priate district court of the United States to obtain appro-20
201-priate injunctive relief. The court shall advance on the 21
202-docket and expedite the disposition of a civil action filed 22
203-under this subparagraph to the greatest extent prac-23
204-ticable. For purposes of this subparagraph, a State or its 24
205-residents shall be considered to have been harmed if the 25
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208-HR 7511 PCS
209-State or its residents experience harm, including financial 1
210-harm in excess of $100.’’. 2
183+under this subparagraph to the greatest extent prac-6
184+ticable. For purposes of this subparagraph, a State or its 7
185+residents shall be considered to have been harmed if the 8
186+State or its residents experience harm, including financial 9
187+harm in excess of $100.’’. 10
211188 (e) D
212-ETENTION.—Section 241(a)(2) of the Immigra-3
213-tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-4
214-ed— 5
215-(1) by striking ‘‘During the removal period,’’ 6
216-and inserting the following: 7
189+ETENTION.—Section 241(a)(2) of the Immigra-11
190+tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-12
191+ed— 13
192+(1) by striking ‘‘During the removal period,’’ 14
193+and inserting the following: 15
217194 ‘‘(A) I
218-N GENERAL.—During the removal 8
219-period,’’; and 9
220-(2) by adding at the end the following: 10
195+N GENERAL.—During the removal 16
196+period,’’; and 17
197+(2) by adding at the end the following: 18
221198 ‘‘(B) E
222-NFORCEMENT BY ATTORNEY GEN -11
223-ERAL OF A STATE.—The attorney general of a 12
224-State, or other authorized State officer, alleging 13
225-a violation of the detention requirement under 14
226-subparagraph (A) that harms such State or its 15
227-residents shall have standing to bring an action 16
228-against the Secretary of Homeland Security on 17
229-behalf of such State or the residents of such 18
230-State in an appropriate district court of the 19
231-United States to obtain appropriate injunctive 20
232-relief. The court shall advance on the docket 21
233-and expedite the disposition of a civil action 22
234-filed under this subparagraph to the greatest 23
235-extent practicable. For purposes of this sub-24
236-paragraph, a State or its residents shall be con-25
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239-HR 7511 PCS
240-sidered to have been harmed if the State or its 1
241-residents experience harm, including financial 2
242-harm in excess of $100.’’. 3
199+NFORCEMENT BY ATTORNEY GEN -19
200+ERAL OF A STATE.—The attorney general of a 20
201+State, or other authorized State officer, alleging 21
202+a violation of the detention requirement under 22
203+subparagraph (A) that harms such State or its 23
204+residents shall have standing to bring an action 24
205+against the Secretary of Homeland Security on 25 9
206+•HR 7511 EH
207+behalf of such State or the residents of such 1
208+State in an appropriate district court of the 2
209+United States to obtain appropriate injunctive 3
210+relief. The court shall advance on the docket 4
211+and expedite the disposition of a civil action 5
212+filed under this subparagraph to the greatest 6
213+extent practicable. For purposes of this sub-7
214+paragraph, a State or its residents shall be con-8
215+sidered to have been harmed if the State or its 9
216+residents experience harm, including financial 10
217+harm in excess of $100.’’. 11
243218 (f) L
244-IMIT ONINJUNCTIVERELIEF.—Section 242(f) 4
245-of the Immigration and Nationality Act (8 U.S.C. 5
246-1252(f)) is amended by adding at the end following: 6
219+IMIT ONINJUNCTIVERELIEF.—Section 242(f) 12
220+of the Immigration and Nationality Act (8 U.S.C. 13
221+1252(f)) is amended by adding at the end following: 14
247222 ‘‘(3) C
248-ERTAIN ACTIONS.—Paragraph (1) shall 7
249-not apply to an action brought pursuant to section 8
250-235(b)(3), subsections (e) or (f) of section 236, or 9
251-section 241(a)(2)(B).’’. 10
223+ERTAIN ACTIONS.—Paragraph (1) shall 15
224+not apply to an action brought pursuant to section 16
225+235(b)(3), subsections (e) or (f) of section 236, or 17
226+section 241(a)(2)(B).’’. 18
252227 Passed the House of Representatives March 7,
253228 2024.
254-Attest: KEVIN F. MCCUMBER,
255-Clerk.
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258-341
259-118
229+Attest:
230+Clerk. 118
260231 TH
261232 CONGRESS
262233 2
263234 D
264235 S
265236 ESSION
266237
267238 H. R. 7511
268239 AN ACT
269240 To require the Secretary of Homeland Security to
270241 take into custody aliens who have been charged
271242 in the United States with theft, and for other
272243 purposes.
273-M
274-ARCH
275-11, 2024
276-Read the second time and placed on the calendar
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