119THCONGRESS
1
STSESSION H. R. 29
AN ACT
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 2
•HR 29 EH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Laken Riley Act’’. 2
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT 3
THEFT. 4
Section 236(c) of the Immigration and Nationality 5
Act (8 U.S.C. 1226(c)) is amended— 6
(1) in paragraph (1)— 7
(A) in subparagraph (C), by striking ‘‘or’’; 8
(B) in subparagraph (D), by striking the 9
comma at the end and inserting ‘‘, or’’; and 10
(C) by inserting after subparagraph (D) 11
the following: 12
‘‘(E)(i) is inadmissible under paragraph 13
(6)(A), (6)(C), or (7) of section 212(a), and 14
‘‘(ii) is charged with, is arrested for, is 15
convicted of, admits having committed, or ad-16
mits committing acts which constitute the es-17
sential elements of any burglary, theft, larceny, 18
or shoplifting offense,’’; 19
(2) by redesignating paragraph (2) as para-20
graph (4); and 21
(3) by inserting after paragraph (1) the fol-22
lowing: 23
‘‘(2) D
EFINITION.—For purposes of paragraph 24
(1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 25 3
•HR 29 EH
‘shoplifting’ have the meaning given such terms in 1
the jurisdiction where the acts occurred. 2
‘‘(3) D
ETAINER.—The Secretary of Homeland 3
Security shall issue a detainer for an alien described 4
in paragraph (1)(E) and, if the alien is not other-5
wise detained by Federal, State, or local officials, 6
shall effectively and expeditiously take custody of the 7
alien.’’. 8
SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A 9
STATE. 10
(a) I
NSPECTION OFAPPLICANTS FORADMISSION.— 11
Section 235(b) of the Immigration and Nationality Act (8 12
U.S.C. 1225(b)) is amended— 13
(1) by redesignating paragraph (3) as para-14
graph (4); and 15
(2) by inserting after paragraph (2) the fol-16
lowing: 17
‘‘(3) E
NFORCEMENT BY ATTORNEY GENERAL 18
OF A STATE.—The attorney general of a State, or 19
other authorized State officer, alleging a violation of 20
the detention and removal requirements under para-21
graphs (1) or (2) that harms such State or its resi-22
dents shall have standing to bring an action against 23
the Secretary of Homeland Security on behalf of 24
such State or the residents of such State in an ap-25 4
•HR 29 EH
propriate district court of the United States to ob-1
tain appropriate injunctive relief. The court shall ad-2
vance on the docket and expedite the disposition of 3
a civil action filed under this paragraph to the great-4
est extent practicable. For purposes of this para-5
graph, a State or its residents shall be considered to 6
have been harmed if the State or its residents expe-7
rience harm, including financial harm in excess of 8
$100.’’. 9
(b) A
PPREHENSION AND DETENTION OFALIENS.— 10
Section 236 of the Immigration and Nationality Act (8 11
U.S.C. 1226), as amended by this Act, is further amend-12
ed— 13
(1) in subsection (e)— 14
(A) by striking ‘‘or release’’; and 15
(B) by striking ‘‘grant, revocation, or de-16
nial’’ and insert ‘‘revocation or denial’’; and 17
(2) by adding at the end the following: 18
‘‘(f) E
NFORCEMENT BY ATTORNEYGENERAL OF A 19
S
TATE.—The attorney general of a State, or other author-20
ized State officer, alleging an action or decision by the 21
Attorney General or Secretary of Homeland Security 22
under this section to release any alien or grant bond or 23
parole to any alien that harms such State or its residents 24
shall have standing to bring an action against the Attor-25 5
•HR 29 EH
ney General or Secretary of Homeland Security on behalf 1
of such State or the residents of such State in an appro-2
priate district court of the United States to obtain appro-3
priate injunctive relief. The court shall advance on the 4
docket and expedite the disposition of a civil action filed 5
under this subsection to the greatest extent practicable. 6
For purposes of this subsection, a State or its residents 7
shall be considered to have been harmed if the State or 8
its residents experience harm, including financial harm in 9
excess of $100.’’. 10
(c) P
ENALTIES.—Section 243 of the Immigration 11
and Nationality Act (8 U.S.C. 1253) is amended by add-12
ing at the end the following: 13
‘‘(e) E
NFORCEMENT BY ATTORNEYGENERAL OF A 14
S
TATE.—The attorney general of a State, or other author-15
ized State officer, alleging a violation of the requirement 16
to discontinue granting visas to citizens, subjects, nation-17
als, and residents as described in subsection (d) that 18
harms such State or its residents shall have standing to 19
bring an action against the Secretary of State on behalf 20
of such State or the residents of such State in an appro-21
priate district court of the United States to obtain appro-22
priate injunctive relief. The court shall advance on the 23
docket and expedite the disposition of a civil action filed 24
under this subsection to the greatest extent practicable. 25 6
•HR 29 EH
For purposes of this subsection, a State or its residents 1
shall be considered to have been harmed if the State or 2
its residents experience harm, including financial harm in 3
excess of $100.’’. 4
(d) C
ERTAINCLASSES OF ALIENS.—Section 5
212(d)(5) of the Immigration and Nationality Act (8 6
U.S.C. 1182(d)(5)) is amended— 7
(1) by striking ‘‘Attorney General’’ each place 8
it appears and inserting ‘‘Secretary of Homeland Se-9
curity’’; and 10
(2) by adding at the end the following: 11
‘‘(C) The attorney general of a State, or other au-12
thorized State officer, alleging a violation of the limitation 13
under subparagraph (A) that parole solely be granted on 14
a case-by-case basis and solely for urgent humanitarian 15
reasons or a significant public benefit, that harms such 16
State or its residents shall have standing to bring an ac-17
tion against the Secretary of Homeland Security on behalf 18
of such State or the residents of such State in an appro-19
priate district court of the United States to obtain appro-20
priate injunctive relief. The court shall advance on the 21
docket and expedite the disposition of a civil action filed 22
under this subparagraph to the greatest extent prac-23
ticable. For purposes of this subparagraph, a State or its 24
residents shall be considered to have been harmed if the 25 7
•HR 29 EH
State or its residents experience harm, including financial 1
harm in excess of $100.’’. 2
(e) D
ETENTION.—Section 241(a)(2) of the Immigra-3
tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-4
ed— 5
(1) by striking ‘‘During the removal period,’’ 6
and inserting the following: 7
‘‘(A) I
N GENERAL.—During the removal 8
period,’’; and 9
(2) by adding at the end the following: 10
‘‘(B) E
NFORCEMENT BY ATTORNEY GEN -11
ERAL OF A STATE.—The attorney general of a 12
State, or other authorized State officer, alleging 13
a violation of the detention requirement under 14
subparagraph (A) that harms such State or its 15
residents shall have standing to bring an action 16
against the Secretary of Homeland Security on 17
behalf of such State or the residents of such 18
State in an appropriate district court of the 19
United States to obtain appropriate injunctive 20
relief. The court shall advance on the docket 21
and expedite the disposition of a civil action 22
filed under this subparagraph to the greatest 23
extent practicable. For purposes of this sub-24
paragraph, a State or its residents shall be con-25 8
•HR 29 EH
sidered to have been harmed if the State or its 1
residents experience harm, including financial 2
harm in excess of $100.’’. 3
(f) L
IMIT ONINJUNCTIVERELIEF.—Section 242(f) 4
of the Immigration and Nationality Act (8 U.S.C. 5
1252(f)) is amended by adding at the end following: 6
‘‘(3) C
ERTAIN ACTIONS.—Paragraph (1) shall 7
not apply to an action brought pursuant to section 8
235(b)(3), subsections (e) or (f) of section 236, or 9
section 241(a)(2)(B).’’. 10
Passed the House of Representatives January 7,
2025.
Attest:
Clerk. 119
TH
CONGRESS
1
ST
S
ESSION
H. R. 29
AN ACT
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.