Laken Riley Act

2/20/2025, 7:11 PM

Laken Riley Act

This 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, 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 a

  • decision 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; or
  • failure to detain an individual who has been ordered removed from the United States.
Bill 119 s 5, also known as the "Alien Theft Custody Act," is a proposed piece of legislation that aims to address the issue of aliens who have been charged with theft in the United States. The bill specifically requires the Secretary of Homeland Security to take custody of these individuals, ensuring that they are detained while their cases are being processed.

The main purpose of this bill is to prevent aliens who have been charged with theft from potentially fleeing or committing further crimes while awaiting trial. By mandating that these individuals be held in custody, the bill seeks to uphold the rule of law and protect the safety and security of the American public.

In addition to addressing the issue of alien theft offenders, the bill also includes provisions for other purposes, although specific details on these additional purposes are not provided in the summary. Overall, Bill 119 s 5 represents a targeted effort to address a specific issue within the realm of immigration and law enforcement. If passed, this legislation would have significant implications for how the United States handles cases involving aliens charged with theft.
Congress
119
Number
S - 5
Introduced on
2025-01-06
# Amendments
94
Sponsors
+5
Cosponsors
+5

Variations and Revisions

1/20/2025
Text
PDF
XML

Status of Legislation

Bill Introduced
Introduced to House
Passed in House
Introduced to Senate
Passed in Senate
To President
Signed by President
Became Public Law

Purpose and Summary

Laken Riley Act

This 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, 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 a

  • decision 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; or
  • failure to detain an individual who has been ordered removed from the United States.
Bill 119 s 5, also known as the "Alien Theft Custody Act," is a proposed piece of legislation that aims to address the issue of aliens who have been charged with theft in the United States. The bill specifically requires the Secretary of Homeland Security to take custody of these individuals, ensuring that they are detained while their cases are being processed.

The main purpose of this bill is to prevent aliens who have been charged with theft from potentially fleeing or committing further crimes while awaiting trial. By mandating that these individuals be held in custody, the bill seeks to uphold the rule of law and protect the safety and security of the American public.

In addition to addressing the issue of alien theft offenders, the bill also includes provisions for other purposes, although specific details on these additional purposes are not provided in the summary. Overall, Bill 119 s 5 represents a targeted effort to address a specific issue within the realm of immigration and law enforcement. If passed, this legislation would have significant implications for how the United States handles cases involving aliens charged with theft.
Alternative Names
Official Title as IntroducedA 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.
Policy Areas
Immigration

Comments

Related

Member:  
Bill Hagerty
Member:  
Thom Tillis
Member:  
Jerry Moran
Member:  
John Kennedy
Member:  
Eric Schmitt
Member:  
Roger Marshall
Member:  
Mitch McConnell
Member:  
Joni Ernst
Member:  
Lindsey Graham
Member:  
Bernie Moreno
Member:  
Ron Johnson
Member:  
Tim Sheehy
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Mike Lee
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Markwayne Mullin
Member:  
John Hoeven
Member:  
Rick Scott
Member:  
Roger F. Wicker
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Steve Daines
Member:  
James E. Risch
Member:  
Chuck Grassley
Member:  
James Lankford
Member:  
Kevin Cramer
Member:  
Tommy Tuberville
Member:  
John Thune
Member:  
Cynthia M. Lummis
Member:  
Tom Cotton
Member:  
Cindy Hyde-Smith
Member:  
Mike Crapo
Member:  
Marco Rubio
Member:  
David McCormick
Member:  
Marsha Blackburn
Member:  
Bill Cassidy
Member:  
John Fetterman
Member:  
Tim Scott
Member:  
John Cornyn
Member:  
John R. Curtis
Member:  
Dan Sullivan
Member:  
Ted Budd
Member:  
Todd Young
Member:  
J. D. Vance
Member:  
Susan M. Collins
Member:  
Josh Hawley
Member:  
Ruben Gallego
Member:  
Deb Fischer
Member:  
John Barrasso
Member:  
Rand Paul
Member:  
Ted Cruz
Member:  
Jim Banks
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Mike Rounds
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John Boozman
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Pete Ricketts
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Katie Boyd Britt
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Lisa Murkowski
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Shelley Moore Capito
Bill Update Alert:  
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.
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119 samdt 14 - To expand the list of criminal offenses that subject inadmissible aliens to mandatory detention.
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Providing for consideration of the bill (H.R. 471) to expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes, and providing for consideration of the bill (S. 5) 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.
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119 samdt 8 - To include crimes resulting in death or serious bodily injury to the list of offenses that, if committed by an inadmissible alien, require mandatory detention.
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Laken Riley Act
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119 samdt 23 - To strike the section that authorizes State attorneys general to sue Federal immigration authorities for alleged violations relating to the detention of aliens.
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Recent Activity

Latest Summary1/13/2025

Laken Riley Act

This 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 b...

Latest Action1/29/2025
Became Public Law No: 119-1.