Laken Riley Act
Laken Riley Act
Plain Language Summary
# Laken Riley Act Summary **What the Bill Does** The Laken Riley Act requires federal immigration authorities (Department of Homeland Security) to detain non-citizens who are in the country illegally or lack proper entry documents if they've been arrested for property crimes including burglary, theft, larceny, or shoplifting. The bill also gives state governments the legal right to sue the federal government over immigration enforcement decisions or failures that cause them financial harm of more than $100. **Who It Affects** The bill directly impacts non-citizens arrested for the specified property crimes and individuals detained under these new requirements.
It also affects state governments by giving them a new avenue to challenge federal immigration policies in court. The bill was named after Laken Riley, a nursing student killed by someone in the country illegally. **Current Status** The bill was signed into law, meaning it has passed Congress and been approved by the President and is now in effect.
CRS Official Summary
Laken Riley ActThis 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 adecision 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; orfailure to detain an individual who has been ordered removed from the United States.
Latest Action
Became Public Law No: 119-1.