II
118THCONGRESS
2
DSESSION S. 3933
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 SENATE OF THE UNITED STATES
MARCH12, 2024
Mrs. B
RITT(for herself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BOOZMAN,
Mr. B
RAUN, Mr. BUDD, Mrs. CAPITO, Mr. CORNYN, Mr. COTTON, Mr.
C
RAMER, Mr. CRAPO, Mr. DAINES, Mrs. FISCHER, Mr. GRAHAM, Mr.
G
RASSLEY, Mr. HAGERTY, Mr. HAWLEY, Mr. HOEVEN, Mr. KENNEDY,
Mr. L
EE, Ms. LUMMIS, Mr. MCCONNELL, Mr. RICKETTS, Mr. RISCH, Mr.
S
CHMITT, Mr. SCOTTof Florida, Mr. SCOTTof South Carolina, Mr.
T
HUNE, Mr. TILLIS, Mr. TUBERVILLE, Mr. WICKER, Mr. ROUNDS, Mr.
L
ANKFORD, and Mr. MORAN) introduced the following bill; which was
read twice and 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Laken Riley Act’’. 4
SEC. 2. FINDINGS; SENSE OF CONGRESS. 5
(a) F
INDINGS.—Congress finds that the Nation— 6
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(1) mourns the devastating loss of Laken Riley 1
and other victims of the Biden administration’s open 2
borders policies; 3
(2) honors the life and memory of Laken Riley 4
and other victims of the Biden administration’s open 5
borders policies; and 6
(3) denounces the open-borders policies of 7
President Joe Biden, ‘‘Border Czar’’ Vice President 8
Kamala Harris, Secretary of Homeland Security 9
Alejandro Mayorkas, and other Biden administration 10
officials. 11
(b) S
ENSE OFCONGRESS.—It is the sense of Con-12
gress that— 13
(1) the Biden administration should not have 14
released Laken Riley’s alleged murderer into the 15
United States; 16
(2) the Biden administration should have ar-17
rested and detained Laken Riley’s alleged murderer 18
after he was charged with crimes in New York, New 19
York, and Athens, Georgia; 20
(3) President Biden should publicly denounce 21
his administration’s immigration policies that re-22
sulted in the murder of Laken Riley; and 23
(4) President Biden should prevent another 24
murder like that of Laken Riley by ending the catch- 25
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•S 3933 IS
and-release of illegal aliens, increasing immigration 1
enforcement, detaining and removing criminal aliens, 2
reinstating the Remain in Mexico policy, ending his 3
abuse of parole authority, and securing the United 4
States borders. 5
SEC. 3. DETENTION OF CERTAIN ALIENS WHO COMMIT 6
THEFT. 7
Section 236(c) of the Immigration and Nationality 8
Act (8 U.S.C. 1226(c)) is amended— 9
(1) in paragraph (1)— 10
(A) in subparagraph (C), by striking ‘‘or’’; 11
(B) in subparagraph (D), by striking the 12
comma at the end and inserting ‘‘, or’’; and 13
(C) by inserting after subparagraph (D) 14
the following: 15
‘‘(E)(i) is inadmissible under paragraph 16
(6)(A), (6)(C), or (7) of section 212(a), and 17
‘‘(ii) is charged with, is arrested for, is 18
convicted of, admits having committed, or ad-19
mits committing acts which constitute the es-20
sential elements of any burglary, theft, larceny, 21
or shoplifting offense,’’; 22
(2) by redesignating paragraph (2) as para-23
graph (4); and 24
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(3) by inserting after paragraph (1) the fol-1
lowing: 2
‘‘(2) D
EFINITION.—For purposes of paragraph 3
(1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 4
‘shoplifting’ have the meaning given such terms in 5
the jurisdiction where the acts occurred. 6
‘‘(3) D
ETAINER.—The Secretary of Homeland 7
Security shall issue a detainer for an alien described 8
in paragraph (1)(E) and, if the alien is not other-9
wise detained by Federal, State, or local officials, 10
shall effectively and expeditiously take custody of the 11
alien.’’. 12
SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A 13
STATE. 14
(a) I
NSPECTION OFAPPLICANTS FORADMISSION.— 15
Section 235(b) of the Immigration and Nationality Act (8 16
U.S.C. 1225(b)) is amended— 17
(1) by redesignating paragraph (3) as para-18
graph (4); and 19
(2) by inserting after paragraph (2) the fol-20
lowing: 21
‘‘(3) E
NFORCEMENT BY ATTORNEY GENERAL 22
OF A STATE.—The attorney general of a State, or 23
other authorized State officer, alleging a violation of 24
the detention and removal requirements under para-25
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graph (1) or (2) that harms such State or its resi-1
dents shall have standing to bring an action against 2
the Secretary of Homeland Security on behalf of 3
such State or the residents of such State in an ap-4
propriate district court of the United States to ob-5
tain appropriate injunctive relief. The court shall ad-6
vance on the docket and expedite the disposition of 7
a civil action filed under this paragraph to the great-8
est extent practicable. For purposes of this para-9
graph, a State or its residents shall be considered to 10
have been harmed if the State or its residents expe-11
rience harm, including financial harm in excess of 12
$100.’’. 13
(b) A
PPREHENSION AND DETENTION OFALIENS.— 14
Section 236 of the Immigration and Nationality Act (8 15
U.S.C. 1226), as amended by this Act, is further amend-16
ed— 17
(1) in subsection (e)— 18
(A) by striking ‘‘or release’’; and 19
(B) by striking ‘‘grant, revocation, or de-20
nial’’ and insert ‘‘revocation or denial’’; and 21
(2) by adding at the end the following: 22
‘‘(f) E
NFORCEMENT BY ATTORNEYGENERAL OF A 23
S
TATE.—The attorney general of a State, or other author-24
ized State officer, alleging an action or decision by the 25
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Attorney General or Secretary of Homeland Security 1
under this section to release any alien or grant bond or 2
parole to any alien that harms such State or its residents 3
shall have standing to bring an action against the Attor-4
ney General or Secretary of Homeland Security on behalf 5
of such State or the residents of such State in an appro-6
priate district court of the United States to obtain appro-7
priate injunctive relief. The court shall advance on the 8
docket and expedite the disposition of a civil action filed 9
under this subsection to the greatest extent practicable. 10
For purposes of this subsection, a State or its residents 11
shall be considered to have been harmed if the State or 12
its residents experience harm, including financial harm in 13
excess of $100.’’. 14
(c) P
ENALTIES.—Section 243 of the Immigration 15
and Nationality Act (8 U.S.C. 1253) is amended by add-16
ing at the end the following: 17
‘‘(e) E
NFORCEMENT BY ATTORNEYGENERAL OF A 18
S
TATE.—The attorney general of a State, or other author-19
ized State officer, alleging a violation of the requirement 20
to discontinue granting visas to citizens, subjects, nation-21
als, and residents as described in subsection (d) that 22
harms such State or its residents shall have standing to 23
bring an action against the Secretary of State on behalf 24
of such State or the residents of such State in an appro-25
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priate district court of the United States to obtain appro-1
priate injunctive relief. The court shall advance on the 2
docket and expedite the disposition of a civil action filed 3
under this subsection to the greatest extent practicable. 4
For purposes of this subsection, a State or its residents 5
shall be considered to have been harmed if the State or 6
its residents experience harm, including financial harm in 7
excess of $100.’’. 8
(d) C
ERTAINCLASSES OF ALIENS.—Section 9
212(d)(5) of the Immigration and Nationality Act (8 10
U.S.C. 1182(d)(5)) is amended— 11
(1) by striking ‘‘Attorney General’’ each place 12
it appears and inserting ‘‘Secretary of Homeland Se-13
curity’’; and 14
(2) by adding at the end the following: 15
‘‘(C) The attorney general of a State, or other au-16
thorized State officer, alleging a violation of the limitation 17
under subparagraph (A) that parole solely be granted on 18
a case-by-case basis and solely for urgent humanitarian 19
reasons or a significant public benefit, that harms such 20
State or its residents shall have standing to bring an ac-21
tion against the Secretary of Homeland Security on behalf 22
of such State or the residents of such State in an appro-23
priate district court of the United States to obtain appro-24
priate injunctive relief. The court shall advance on the 25
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docket and expedite the disposition of a civil action filed 1
under this subparagraph to the greatest extent prac-2
ticable. For purposes of this subparagraph, a State or its 3
residents shall be considered to have been harmed if the 4
State or its residents experience harm, including financial 5
harm in excess of $100.’’. 6
(e) D
ETENTION.—Section 241(a)(2) of the Immigra-7
tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-8
ed— 9
(1) by striking ‘‘During the removal period,’’ 10
and inserting the following: 11
‘‘(A) I
N GENERAL.—During the removal 12
period,’’; and 13
(2) by adding at the end the following: 14
‘‘(B) E
NFORCEMENT BY ATTORNEY GEN -15
ERAL OF A STATE.—The attorney general of a 16
State, or other authorized State officer, alleging 17
a violation of the detention requirement under 18
subparagraph (A) that harms such State or its 19
residents shall have standing to bring an action 20
against the Secretary of Homeland Security on 21
behalf of such State or the residents of such 22
State in an appropriate district court of the 23
United States to obtain appropriate injunctive 24
relief. The court shall advance on the docket 25
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and expedite the disposition of a civil action 1
filed under this subparagraph to the greatest 2
extent practicable. For purposes of this sub-3
paragraph, a State or its residents shall be con-4
sidered to have been harmed if the State or its 5
residents experience harm, including financial 6
harm in excess of $100.’’. 7
(f) L
IMIT ONINJUNCTIVERELIEF.—Section 242(f) 8
of the Immigration and Nationality Act (8 U.S.C. 9
1252(f)) is amended by adding at the end following: 10
‘‘(3) C
ERTAIN ACTIONS.—Paragraph (1) shall 11
not apply to an action brought pursuant to section 12
235(b)(3), subsections (e) or (f) of section 236, or 13
section 241(a)(2)(B).’’. 14
Æ
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