S. 5 

One Hundred Nineteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and twenty five 

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: 
S. 5—2 

‘‘(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 
S. 5—3 

(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: 
S. 5—4 

‘‘(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).’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.