S. 5 · Signed into law · Immigration

Laken Riley Act

What it does

Requires Department of Homeland Security to detain non-U.S. nationals who are unlawfully present or lack required documents and have been arrested for, charged with, or convicted of burglary, theft, larceny, or shoplifti
Authorizes state governments to sue the federal government for injunctive relief over immigration enforcement decisions or alleged failures that cause financial harm exceeding $100 to the state or its residents.
Expands grounds for state litigation to include DHS decisions to release non-U.S. nationals from custody, failures to inspect individuals seeking admission, and violations of visa-issuance or immigration-parole restricti

Official 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, DHS 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…

Latest action

Jan 29, 2025: Became Public Law No: 119-1.