Laken Riley Act

2/20/2025, 7:11 PM

Summary of Bill S 5

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.

Congressional Summary of S 5

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.

Current Status of Bill S 5

Bill S 5 is currently in the status of Became Public Law since January 29, 2025. Bill S 5 was introduced during Congress 119 and was introduced to the Senate on January 6, 2025.  Bill S 5's most recent activity was Became Public Law No: 119-1. as of January 29, 2025

Bipartisan Support of Bill S 5

Total Number of Sponsors
27
Democrat Sponsors
0
Republican Sponsors
27
Unaffiliated Sponsors
0
Total Number of Cosponsors
119
Democrat Cosponsors
2
Republican Cosponsors
117
Unaffiliated Cosponsors
0

Policy Area and Potential Impact of Bill S 5

Primary Policy Focus

Immigration

Alternate Title(s) of Bill S 5

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.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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