Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB3933

Introduced
3/12/24  

Caption

Laken Riley Act

Impact

The legislation proposes changes to the Immigration and Nationality Act, specifically section 236(c), which sets forth criteria for the detention of certain aliens, now including those charged with theft-related offenses. The bill allows for state attorneys general or authorized state officers to bring legal actions against the Secretary of Homeland Security should they believe their state or its residents are harmed by the release of these individuals. This not only strengthens the federal authority over immigration enforcement but also empowers state officials to seek redress in federal courts, thereby impacting the operational dynamics between state and federal jurisdiction in immigration matters.

Summary

SB3933, also known as the 'Laken Riley Act', seeks to significantly amend existing immigration laws by mandating the Secretary of Homeland Security to detain aliens charged with theft. This bill arises in the context of criticisms against current immigration policies, specifically targeting perceived deficiencies that allowed an individual accused of crimes to remain free. The Act aims to ensure that individuals charged with serious offenses such as theft, burglary, or shoplifting are effectively detained, emphasizing stricter immigration enforcement measures.

Contention

The introduction of SB3933 highlights a contentious debate surrounding immigration policy and public safety, particularly the framing of the bill as a response to specific incidents tied to immigration enforcement failures. Critics may argue that the bill could lead to increased detention rates without addressing the underlying issues of immigration reform and the treatment of undocumented individuals. Proponents believe it is essential for maintaining public safety and reducing crime associated with undocumented aliens, but this perspective may overlook the complexities of immigrant communities and the potential for misuse of such legislation in racial profiling and unjust detentions.

Companion Bills

US HB7511

Same As Laken Riley Act

US HB7334

Related Detain and Deport Illegal Aliens Who Commit Robbery Act

US HB7322

Related SUE for Immigration Enforcement Act Standing Up to the Executive branch for Immigration Enforcement Act

Similar Bills

US HB3217

USA Act of 2023 Updated Standards for Asylum Act of 2023

US HB1183

Asylum Reform and Border Protection Act of 2023

US SB5

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.

US HB29

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.

US HB7511

Laken Riley Act

US HB16

Stopping Border Surges Act

US HB3552

United States Secret Service Mission Improvement and Realignment Act of 2023

US SB3923

Immigration Detainer Enforcement Act of 2024