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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5 Engrossed in Senate (ES)]

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119th CONGRESS
  1st Session
                                  S. 5

_______________________________________________________________________

                                 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.

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

SECTION 1. 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:
            ``(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
            (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:
            ``(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).''.

            Passed the Senate January 20, 2025.

            Attest:

                                                             Secretary.
119th CONGRESS

  1st Session

                                  S. 5

_______________________________________________________________________

                                 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.
```