S. 5
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty five
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Laken Riley Act’’.
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT THEFT.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘or’’;
(B) in subparagraph (D), by striking the comma at
the end and inserting ‘‘, or’’; and
(C) by inserting after subparagraph (D) the following:
(E)(i) is inadmissible under paragraph (6)(A), (6)(C),
or (7) of section 212(a); and
‘‘(ii) is charged with, is arrested for, is convicted of,
admits having committed, or admits committing acts which
constitute the essential elements of any burglary, theft,
larceny, shoplifting, or assault of a law enforcement officer
offense, or any crime that results in death or serious bodily
injury to another person,’’;
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
‘‘(2) D
EFINITION.—For purposes of paragraph (1)(E), the
terms ‘burglary’, ‘theft’, ‘larceny’, ‘shoplifting’, ‘assault of a law
enforcement officer’, and ‘serious bodily injury’ have the
meanings given such terms in the jurisdiction in which the
acts occurred.’’
‘‘(3) D
ETAINER.—The Secretary of Homeland Security shall
issue a detainer for an alien described in paragraph (1)(E)
and, if the alien is not otherwise detained by Federal, State,
or local officials, shall effectively and expeditiously take custody
of the alien.’’.
SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.
(a) INSPECTION OF APPLICANTS FOR ADMISSION.—Section 235(b)
of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is
amended—
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following: S. 5—2
‘‘(3) E
NFORCEMENT BY ATTORNEY GENERAL OF A STATE .—
The attorney general of a State, or other authorized State
officer, alleging a violation of the detention and removal require-
ments under paragraph (1) or (2) that harms such State or
its residents shall have standing to bring an action against
the Secretary of Homeland Security on behalf of such State
or the residents of such State in an appropriate district court
of the United States to obtain appropriate injunctive relief.
The court shall advance on the docket and expedite the disposi-
tion of a civil action filed under this paragraph to the greatest
extent practicable. For purposes of this paragraph, a State
or its residents shall be considered to have been harmed if
the State or its residents experience harm, including financial
harm in excess of $100.’’.
(b) A
PPREHENSION AND DETENTION OF ALIENS.—Section 236
of the Immigration and Nationality Act (8 U.S.C. 1226), as amended
by this Act, is further amended—
(1) in subsection (e)—
(A) by striking ‘‘or release’’; and
(B) by striking ‘‘grant, revocation, or denial’’ and insert
‘‘revocation or denial’’; and
(2) by adding at the end the following:
‘‘(f) E
NFORCEMENT BY ATTORNEYGENERAL OF A STATE.—The
attorney general of a State, or other authorized State officer,
alleging an action or decision by the Attorney General or Secretary
of Homeland Security under this section to release any alien or
grant bond or parole to any alien that harms such State or its
residents shall have standing to bring an action against the
Attorney General or Secretary of Homeland Security on behalf
of such State or the residents of such State in an appropriate
district court of the United States to obtain appropriate injunctive
relief. The court shall advance on the docket and expedite the
disposition of a civil action filed under this subsection to the greatest
extent practicable. For purposes of this subsection, a State or its
residents shall be considered to have been harmed if the State
or its residents experience harm, including financial harm in excess
of $100.’’.
(c) P
ENALTIES.—Section 243 of the Immigration and Nationality
Act (8 U.S.C. 1253) is amended by adding at the end the following:
‘‘(e) E
NFORCEMENT BY ATTORNEYGENERAL OF A STATE.—The
attorney general of a State, or other authorized State officer,
alleging a violation of the requirement to discontinue granting
visas to citizens, subjects, nationals, and residents as described
in subsection (d) that harms such State or its residents shall have
standing to bring an action against the Secretary of State on behalf
of such State or the residents of such State in an appropriate
district court of the United States to obtain appropriate injunctive
relief. The court shall advance on the docket and expedite the
disposition of a civil action filed under this subsection to the greatest
extent practicable. For purposes of this subsection, a State or its
residents shall be considered to have been harmed if the State
or its residents experience harm, including financial harm in excess
of $100.’’.
(d) C
ERTAINCLASSES OF ALIENS.—Section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—
(1) by striking ‘‘Attorney General’’ each place such term
appears and inserting ‘‘Secretary of Homeland Security’’; and S. 5—3
(2) by adding at the end the following:
‘‘(C) The attorney general of a State, or other authorized State
officer, alleging a violation of the limitation under subparagraph
(A) that parole solely be granted on a case-by-case basis and solely
for urgent humanitarian reasons or a significant public benefit,
that harms such State or its residents shall have standing to
bring an action against the Secretary of Homeland Security on
behalf of such State or the residents of such State in an appropriate
district court of the United States to obtain appropriate injunctive
relief. The court shall advance on the docket and expedite the
disposition of a civil action filed under this subparagraph to the
greatest extent practicable. For purposes of this subparagraph,
a State or its residents shall be considered to have been harmed
if the State or its residents experience harm, including financial
harm in excess of $100.’’.
(e) D
ETENTION.—Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(2)) is amended—
(1) by striking ‘‘During the removal period,’’ and inserting
the following:
‘‘(A) I
N GENERAL.—During the removal period,’’; and
(2) by adding at the end the following:
‘‘(B) E
NFORCEMENT BY ATTORNEY GENERAL OF A
STATE.—The attorney general of a State, or other author-
ized State officer, alleging a violation of the detention
requirement under subparagraph (A) that harms such State
or its residents shall have standing to bring an action
against the Secretary of Homeland Security on behalf of
such State or the residents of such State in an appropriate
district court of the United States to obtain appropriate
injunctive relief. The court shall advance on the docket
and expedite the disposition of a civil action filed under
this subparagraph to the greatest extent practicable. For
purposes of this subparagraph, a State or its residents
shall be considered to have been harmed if the State or
its residents experience harm, including financial harm
in excess of $100.’’.
(f) L
IMIT ONINJUNCTIVERELIEF.—Section 242(f) of the Immigra-
tion and Nationality Act (8 U.S.C. 1252(f)) is amended by adding
at the end following: S. 5—4
‘‘(3) C
ERTAIN ACTIONS.—Paragraph (1) shall not apply to
an action brought pursuant to section 235(b)(3), subsections
(e) or (f) of section 236, or section 241(a)(2)(B).’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.