II 

118TH CONGRESS 

2D SESSION S. 3933 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 12, 2024 

Mrs. BRITT (for herself, Mr. BARRASSO, Mrs. BLACKBURN, Mr. BOOZMAN, 

Mr. BRAUN, Mr. BUDD, Mrs. CAPITO, Mr. CORNYN, Mr. COTTON, Mr. 

CRAMER, Mr. CRAPO, Mr. DAINES, Mrs. FISCHER, Mr. GRAHAM, Mr. 

GRASSLEY, Mr. HAGERTY, Mr. HAWLEY, Mr. HOEVEN, Mr. KENNEDY, 

Mr. LEE, Ms. LUMMIS, Mr. MCCONNELL, Mr. RICKETTS, Mr. RISCH, Mr. 

SCHMITT, Mr. SCOTT of Florida, Mr. SCOTT of South Carolina, Mr. 

THUNE, Mr. TILLIS, Mr. TUBERVILLE, Mr. WICKER, Mr. ROUNDS, Mr. 

LANKFORD, and Mr. MORAN) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Laken Riley Act’’. 

5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

6 (a) FINDINGS.—Congress finds that the Nation— 


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1 (1) mourns the devastating loss of Laken Riley 

2 and other victims of the Biden administration’s open 

3 borders policies; 

4 (2) honors the life and memory of Laken Riley 

5 and other victims of the Biden administration’s open 

6 borders policies; and 

7 (3) denounces the open-borders policies of 

8 President Joe Biden, ‘‘Border Czar’’ Vice President 

9 Kamala Harris, Secretary of Homeland Security 

10 Alejandro Mayorkas, and other Biden administration 

11 officials. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) the Biden administration should not have 

15 released Laken Riley’s alleged murderer into the 

16 United States; 

17 (2) the Biden administration should have ar18 rested and detained Laken Riley’s alleged murderer 

19 after he was charged with crimes in New York, New 

20 York, and Athens, Georgia; 

21 (3) President Biden should publicly denounce 

22 his administration’s immigration policies that re23 sulted in the murder of Laken Riley; and 

24 (4) President Biden should prevent another 

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1 and-release of illegal aliens, increasing immigration 

2 enforcement, detaining and removing criminal aliens, 

3 reinstating the Remain in Mexico policy, ending his 

4 abuse of parole authority, and securing the United 

5 States borders. 

6 SEC. 3. DETENTION OF CERTAIN ALIENS WHO COMMIT 

7 THEFT. 

8 Section 236(c) of the Immigration and Nationality 

9 Act (8 U.S.C. 1226(c)) is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (C), by striking ‘‘or’’; 

12 (B) in subparagraph (D), by striking the 

13 comma at the end and inserting ‘‘, or’’; and 

14 (C) by inserting after subparagraph (D) 

15 the following: 

16 ‘‘(E)(i) is inadmissible under paragraph 

17 (6)(A), (6)(C), or (7) of section 212(a), and 

18 ‘‘(ii) is charged with, is arrested for, is 

19 convicted of, admits having committed, or ad20 mits committing acts which constitute the es21 sential elements of any burglary, theft, larceny, 

22 or shoplifting offense,’’; 

23 (2) by redesignating paragraph (2) as para24 graph (4); and 


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1 (3) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) DEFINITION.—For purposes of paragraph 

4 (1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 

5 ‘shoplifting’ have the meaning given such terms in 

6 the jurisdiction where the acts occurred. 

7 ‘‘(3) DETAINER.—The Secretary of Homeland 

8 Security shall issue a detainer for an alien described 

9 in paragraph (1)(E) and, if the alien is not other10 wise detained by Federal, State, or local officials, 

11 shall effectively and expeditiously take custody of the 

12 alien.’’. 

13 SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A 

14 STATE. 

15 (a) INSPECTION OF APPLICANTS FOR ADMISSION.— 

16 Section 235(b) of the Immigration and Nationality Act (8 

17 U.S.C. 1225(b)) is amended— 

18 (1) by redesignating paragraph (3) as para19 graph (4); and 

20 (2) by inserting after paragraph (2) the fol21 lowing: 

22 ‘‘(3) ENFORCEMENT BY ATTORNEY GENERAL

23 OF A STATE.—The attorney general of a State, or 

24 other authorized State officer, alleging a violation of 

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1 graph (1) or (2) that harms such State or its resi2 dents shall have standing to bring an action against 

3 the Secretary of Homeland Security on behalf of 

4 such State or the residents of such State in an ap5 propriate district court of the United States to ob6 tain appropriate injunctive relief. The court shall ad7 vance on the docket and expedite the disposition of 

8 a civil action filed under this paragraph to the great9 est extent practicable. For purposes of this para10 graph, a State or its residents shall be considered to 

11 have been harmed if the State or its residents expe12 rience harm, including financial harm in excess of 

13 $100.’’. 

14 (b) APPREHENSION AND DETENTION OF ALIENS.— 

15 Section 236 of the Immigration and Nationality Act (8 

16 U.S.C. 1226), as amended by this Act, is further amend17 ed— 

18 (1) in subsection (e)— 

19 (A) by striking ‘‘or release’’; and 

20 (B) by striking ‘‘grant, revocation, or de21 nial’’ and insert ‘‘revocation or denial’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(f) ENFORCEMENT BY ATTORNEY GENERAL OF A

24 STATE.—The attorney general of a State, or other author25 ized State officer, alleging an action or decision by the 


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1 Attorney General or Secretary of Homeland Security 

2 under this section to release any alien or grant bond or 

3 parole to any alien that harms such State or its residents 

4 shall have standing to bring an action against the Attor5 ney General or Secretary of Homeland Security on behalf 

6 of such State or the residents of such State in an appro7 priate district court of the United States to obtain appro8 priate injunctive relief. The court shall advance on the 

9 docket and expedite the disposition of a civil action filed 

10 under this subsection to the greatest extent practicable. 

11 For purposes of this subsection, a State or its residents 

12 shall be considered to have been harmed if the State or 

13 its residents experience harm, including financial harm in 

14 excess of $100.’’. 

15 (c) PENALTIES.—Section 243 of the Immigration 

16 and Nationality Act (8 U.S.C. 1253) is amended by add17 ing at the end the following: 

18 ‘‘(e) ENFORCEMENT BY ATTORNEY GENERAL OF A

19 STATE.—The attorney general of a State, or other author20 ized State officer, alleging a violation of the requirement 

21 to discontinue granting visas to citizens, subjects, nation22 als, and residents as described in subsection (d) that 

23 harms such State or its residents shall have standing to 

24 bring an action against the Secretary of State on behalf 

25 of such State or the residents of such State in an approVerDate Sep 11 2014 22:10 Mar 19, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3933.IS S3933

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1 priate district court of the United States to obtain appro2 priate injunctive relief. The court shall advance on the 

3 docket and expedite the disposition of a civil action filed 

4 under this subsection to the greatest extent practicable. 

5 For purposes of this subsection, a State or its residents 

6 shall be considered to have been harmed if the State or 

7 its residents experience harm, including financial harm in 

8 excess of $100.’’. 

9 (d) CERTAIN CLASSES OF ALIENS.—Section 

10 212(d)(5) of the Immigration and Nationality Act (8 

11 U.S.C. 1182(d)(5)) is amended— 

12 (1) by striking ‘‘Attorney General’’ each place 

13 it appears and inserting ‘‘Secretary of Homeland Se14 curity’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(C) The attorney general of a State, or other au17 thorized State officer, alleging a violation of the limitation 

18 under subparagraph (A) that parole solely be granted on 

19 a case-by-case basis and solely for urgent humanitarian 

20 reasons or a significant public benefit, that harms such 

21 State or its residents shall have standing to bring an ac22 tion against the Secretary of Homeland Security on behalf 

23 of such State or the residents of such State in an appro24 priate district court of the United States to obtain appro25 priate injunctive relief. The court shall advance on the 


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1 docket and expedite the disposition of a civil action filed 

2 under this subparagraph to the greatest extent prac3 ticable. For purposes of this subparagraph, a State or its 

4 residents shall be considered to have been harmed if the 

5 State or its residents experience harm, including financial 

6 harm in excess of $100.’’. 

7 (e) DETENTION.—Section 241(a)(2) of the Immigra8 tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend9 ed— 

10 (1) by striking ‘‘During the removal period,’’ 

11 and inserting the following: 

12 ‘‘(A) IN GENERAL.—During the removal 

13 period,’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(B) ENFORCEMENT BY ATTORNEY GEN16 ERAL OF A STATE.—The attorney general of a 

17 State, or other authorized State officer, alleging 

18 a violation of the detention requirement under 

19 subparagraph (A) that harms such State or its 

20 residents shall have standing to bring an action 

21 against the Secretary of Homeland Security on 

22 behalf of such State or the residents of such 

23 State in an appropriate district court of the 

24 United States to obtain appropriate injunctive 

25 relief. The court shall advance on the docket 


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1 and expedite the disposition of a civil action 

2 filed under this subparagraph to the greatest 

3 extent practicable. For purposes of this sub4 paragraph, a State or its residents shall be con5 sidered to have been harmed if the State or its 

6 residents experience harm, including financial 

7 harm in excess of $100.’’. 

8 (f) LIMIT ON INJUNCTIVE RELIEF.—Section 242(f) 

9 of the Immigration and Nationality Act (8 U.S.C. 

10 1252(f)) is amended by adding at the end following: 

11 ‘‘(3) CERTAIN ACTIONS.—Paragraph (1) shall 

12 not apply to an action brought pursuant to section 

13 235(b)(3), subsections (e) or (f) of section 236, or 

14 section 241(a)(2)(B).’’. 

Æ 


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