II
Calendar No. 10
119THCONGRESS
1
STSESSION H. R. 29
IN THE SENATE OF THE UNITED STATES
JANUARY8, 2025
Received
F
EBRUARY6 (legislative day, FEBRUARY5), 2025
Read the first time
F
EBRUARY10, 2025
Read the second time and placed on the calendar 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
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Laken Riley Act’’. 4
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
HR 29 PCS
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT 1
THEFT. 2
Section 236(c) of the Immigration and Nationality 3
Act (8 U.S.C. 1226(c)) is amended— 4
(1) in paragraph (1)— 5
(A) in subparagraph (C), by striking ‘‘or’’; 6
(B) in subparagraph (D), by striking the 7
comma at the end and inserting ‘‘, or’’; and 8
(C) by inserting after subparagraph (D) 9
the following: 10
‘‘(E)(i) is inadmissible under paragraph 11
(6)(A), (6)(C), or (7) of section 212(a), and 12
‘‘(ii) is charged with, is arrested for, is 13
convicted of, admits having committed, or ad-14
mits committing acts which constitute the es-15
sential elements of any burglary, theft, larceny, 16
or shoplifting offense,’’; 17
(2) by redesignating paragraph (2) as para-18
graph (4); and 19
(3) by inserting after paragraph (1) the fol-20
lowing: 21
‘‘(2) D
EFINITION.—For purposes of paragraph 22
(1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 23
‘shoplifting’ have the meaning given such terms in 24
the jurisdiction where the acts occurred. 25
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
HR 29 PCS
‘‘(3) DETAINER.—The Secretary of Homeland 1
Security shall issue a detainer for an alien described 2
in paragraph (1)(E) and, if the alien is not other-3
wise detained by Federal, State, or local officials, 4
shall effectively and expeditiously take custody of the 5
alien.’’. 6
SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A 7
STATE. 8
(a) I
NSPECTION OFAPPLICANTS FORADMISSION.— 9
Section 235(b) of the Immigration and Nationality Act (8 10
U.S.C. 1225(b)) is amended— 11
(1) by redesignating paragraph (3) as para-12
graph (4); and 13
(2) by inserting after paragraph (2) the fol-14
lowing: 15
‘‘(3) E
NFORCEMENT BY ATTORNEY GENERAL 16
OF A STATE.—The attorney general of a State, or 17
other authorized State officer, alleging a violation of 18
the detention and removal requirements under para-19
graphs (1) or (2) that harms such State or its resi-20
dents shall have standing to bring an action against 21
the Secretary of Homeland Security on behalf of 22
such State or the residents of such State in an ap-23
propriate district court of the United States to ob-24
tain appropriate injunctive relief. The court shall ad-25
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
HR 29 PCS
vance on the docket and expedite the disposition of 1
a civil action filed under this paragraph to the great-2
est extent practicable. For purposes of this para-3
graph, a State or its residents shall be considered to 4
have been harmed if the State or its residents expe-5
rience harm, including financial harm in excess of 6
$100.’’. 7
(b) A
PPREHENSION AND DETENTION OFALIENS.— 8
Section 236 of the Immigration and Nationality Act (8 9
U.S.C. 1226), as amended by this Act, is further amend-10
ed— 11
(1) in subsection (e)— 12
(A) by striking ‘‘or release’’; and 13
(B) by striking ‘‘grant, revocation, or de-14
nial’’ and insert ‘‘revocation or denial’’; and 15
(2) by adding at the end the following: 16
‘‘(f) E
NFORCEMENT BY ATTORNEYGENERAL OF A 17
S
TATE.—The attorney general of a State, or other author-18
ized State officer, alleging an action or decision by the 19
Attorney General or Secretary of Homeland Security 20
under this section to release any alien or grant bond or 21
parole to any alien that harms such State or its residents 22
shall have standing to bring an action against the Attor-23
ney General or Secretary of Homeland Security on behalf 24
of such State or the residents of such State in an appro-25
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
HR 29 PCS
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
(c) P
ENALTIES.—Section 243 of the Immigration 9
and Nationality Act (8 U.S.C. 1253) is amended by add-10
ing at the end the following: 11
‘‘(e) E
NFORCEMENT BY ATTORNEYGENERAL OF A 12
S
TATE.—The attorney general of a State, or other author-13
ized State officer, alleging a violation of the requirement 14
to discontinue granting visas to citizens, subjects, nation-15
als, and residents as described in subsection (d) that 16
harms such State or its residents shall have standing to 17
bring an action against the Secretary of State 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 subsection to the greatest extent practicable. 23
For purposes of this subsection, a State or its residents 24
shall be considered to have been harmed if the State or 25
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 6
HR 29 PCS
its residents experience harm, including financial harm in 1
excess of $100.’’. 2
(d) C
ERTAINCLASSES OF ALIENS.—Section 3
212(d)(5) of the Immigration and Nationality Act (8 4
U.S.C. 1182(d)(5)) is amended— 5
(1) by striking ‘‘Attorney General’’ each place 6
it appears and inserting ‘‘Secretary of Homeland Se-7
curity’’; and 8
(2) by adding at the end the following: 9
‘‘(C) The attorney general of a State, or other au-10
thorized State officer, alleging a violation of the limitation 11
under subparagraph (A) that parole solely be granted on 12
a case-by-case basis and solely for urgent humanitarian 13
reasons or a significant public benefit, that harms such 14
State or its residents shall have standing to bring an ac-15
tion against the Secretary of Homeland Security on behalf 16
of such State or the residents of such State in an appro-17
priate district court of the United States to obtain appro-18
priate injunctive relief. The court shall advance on the 19
docket and expedite the disposition of a civil action filed 20
under this subparagraph to the greatest extent prac-21
ticable. For purposes of this subparagraph, a State or its 22
residents shall be considered to have been harmed if the 23
State or its residents experience harm, including financial 24
harm in excess of $100.’’. 25
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 7
HR 29 PCS
(e) DETENTION.—Section 241(a)(2) of the Immigra-1
tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-2
ed— 3
(1) by striking ‘‘During the removal period,’’ 4
and inserting the following: 5
‘‘(A) I
N GENERAL.—During the removal 6
period,’’; and 7
(2) by adding at the end the following: 8
‘‘(B) E
NFORCEMENT BY ATTORNEY GEN -9
ERAL OF A STATE.—The attorney general of a 10
State, or other authorized State officer, alleging 11
a violation of the detention requirement under 12
subparagraph (A) that harms such State or its 13
residents shall have standing to bring an action 14
against the Secretary of Homeland Security on 15
behalf of such State or the residents of such 16
State in an appropriate district court of the 17
United States to obtain appropriate injunctive 18
relief. The court shall advance on the docket 19
and expedite the disposition of a civil action 20
filed under this subparagraph to the greatest 21
extent practicable. For purposes of this sub-22
paragraph, a State or its residents shall be con-23
sidered to have been harmed if the State or its 24
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB 8
HR 29 PCS
residents experience harm, including financial 1
harm in excess of $100.’’. 2
(f) L
IMIT ONINJUNCTIVERELIEF.—Section 242(f) 3
of the Immigration and Nationality Act (8 U.S.C. 4
1252(f)) is amended by adding at the end following: 5
‘‘(3) C
ERTAIN ACTIONS.—Paragraph (1) shall 6
not apply to an action brought pursuant to section 7
235(b)(3), subsections (e) or (f) of section 236, or 8
section 241(a)(2)(B).’’. 9
Passed the House of Representatives January 7,
2025.
Attest: KEVIN F. MCCUMBER,
Clerk.
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB Calendar No.
10
119
TH
CONGRESS
1
ST
S
ESSION
H. R. 29
AN ACT
To require the Secretary of Homeland Security to
take into custody aliens who have been charged
in the United States with theft, and for other
purposes.
F
EBRUARY
10, 2025
Read the second time and placed on the calendar
VerDate Sep 11 2014 23:13 Feb 10, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H29.PCS H29
kjohnson on DSK7ZCZBW3PROD with $$_JOB