Laken Riley Act

[119th Congress Public Law 1]
[From the U.S. Government Publishing Office]

[[Page 139 STAT. 3]]

Public Law 119-1
119th Congress

                                 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. <<NOTE: Jan. 29, 2025 -  [S. 5]>>

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Laken Riley
Act.>>
SECTION 1. <<NOTE: 8 USC 1101 note.>>  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) Definition.--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) Detainer.--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:

[[Page 139 STAT. 4]]

            ``(3) Enforcement 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 requirements
        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 disposition 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) Apprehension 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) Enforcement by Attorney General 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) Penalties.--Section 243 of the Immigration and Nationality Act
(8 U.S.C. 1253) is amended by adding at the end the following:
    ``(e) Enforcement by Attorney General 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) Certain Classes 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

[[Page 139 STAT. 5]]

            (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) Detention.--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) In general.--During the removal period,''; and
            (2) by adding at the end the following:
                    ``(B) Enforcement by attorney general of a state.--
                The attorney general of a State, or other authorized
                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) Limit on Injunctive Relief.--Section 242(f) of the Immigration
and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end
following:

[[Page 139 STAT. 6]]

            ``(3) Certain 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).''.

    Approved January 29, 2025.

LEGISLATIVE HISTORY--S. 5 (H.R. 29):
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CONGRESSIONAL RECORD, Vol. 171 (2025):
            Jan. 13-17, 20, considered and passed Senate.
            Jan. 22, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2025):
            Jan. 29, Presidential remarks.

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