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. 

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

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

3 SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT 

4 THEFT. 

5 Section 236(c) of the Immigration and Nationality 

6 Act (8 U.S.C. 1226(c)) is amended— 

7 (1) in paragraph (1)— 

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

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

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

11 (C) by inserting after subparagraph (D) 

12 the following: 

13 (E)(i) is inadmissible under paragraph 

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

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

16 convicted of, admits having committed, or ad17 mits committing acts which constitute the es18 sential elements of any burglary, theft, larceny, 

19 shoplifting, or assault of a law enforcement offi20 cer offense, or any crime that results in death 

21 or serious bodily injury to another person,’’; 

22 (2) by redesignating paragraph (2) as para23 graph (4); and 

24 (3) by inserting after paragraph (1) the fol25 lowing: 
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1 ‘‘(2) DEFINITION.—For purposes of paragraph 

2 (1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, ‘shop3 lifting’, ‘assault of a law enforcement officer’, and 

4 ‘serious bodily injury’ have the meanings given such 

5 terms in the jurisdiction in which the acts occurred.’’ 

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

7 Security shall issue a detainer for an alien described 

8 in paragraph (1)(E) and, if the alien is not other9 wise detained by Federal, State, or local officials, 

10 shall effectively and expeditiously take custody of the 

11 alien.’’. 

12 SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A 

13 STATE. 

14 (a) INSPECTION OF APPLICANTS FOR ADMISSION.— 

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

16 U.S.C. 1225(b)) is amended— 

17 (1) by redesignating paragraph (3) as para18 graph (4); and 

19 (2) by inserting after paragraph (2) the fol20 lowing: 

21 ‘‘(3) ENFORCEMENT BY ATTORNEY GENERAL

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

23 other authorized State officer, alleging a violation of 

24 the detention and removal requirements under para25 graph (1) or (2) that harms such State or its resi-
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1 dents shall have standing to bring an action against 

2 the Secretary of Homeland Security on behalf of 

3 such State or the residents of such State in an ap4 propriate district court of the United States to ob5 tain appropriate injunctive relief. The court shall ad6 vance on the docket and expedite the disposition of 

7 a civil action filed under this paragraph to the great8 est extent practicable. For purposes of this para9 graph, a State or its residents shall be considered to 

10 have been harmed if the State or its residents expe11 rience harm, including financial harm in excess of 

12 $100.’’. 

13 (b) APPREHENSION AND DETENTION OF ALIENS.— 

14 Section 236 of the Immigration and Nationality Act (8 

15 U.S.C. 1226), as amended by this Act, is further amend16 ed— 

17 (1) in subsection (e)— 

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

19 (B) by striking ‘‘grant, revocation, or de20 nial’’ and insert ‘‘revocation or denial’’; and 

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

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

23 STATE.—The attorney general of a State, or other author24 ized State officer, alleging an action or decision by the 

25 Attorney General or Secretary of Homeland Security 
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1 under this section to release any alien or grant bond or 

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

3 shall have standing to bring an action against the Attor4 ney General or Secretary of Homeland Security on behalf 

5 of such State or the residents of such State in an appro6 priate district court of the United States to obtain appro7 priate injunctive relief. The court shall advance on the 

8 docket and expedite the disposition of a civil action filed 

9 under this subsection to the greatest extent practicable. 

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

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

12 its residents experience harm, including financial harm in 

13 excess of $100.’’. 

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

15 and Nationality Act (8 U.S.C. 1253) is amended by add16 ing at the end the following: 

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

18 STATE.—The attorney general of a State, or other author19 ized State officer, alleging a violation of the requirement 

20 to discontinue granting visas to citizens, subjects, nation21 als, and residents as described in subsection (d) that 

22 harms such State or its residents shall have standing to 

23 bring an action against the Secretary of State on behalf 

24 of such State or the residents of such State in an appro25 priate district court of the United States to obtain appro-
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1 priate injunctive relief. The court shall advance on the 

2 docket and expedite the disposition of a civil action filed 

3 under this subsection to the greatest extent practicable. 

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

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

6 its residents experience harm, including financial harm in 

7 excess of $100.’’. 

8 (d) CERTAIN CLASSES OF ALIENS.—Section 

9 212(d)(5) of the Immigration and Nationality Act (8 

10 U.S.C. 1182(d)(5)) is amended— 

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

12 such term appears and inserting ‘‘Secretary of 

13 Homeland Security’’; and 

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

15 ‘‘(C) The attorney general of a State, or other au16 thorized State officer, alleging a violation of the limitation 

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

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

19 reasons or a significant public benefit, that harms such 

20 State or its residents shall have standing to bring an ac21 tion against the Secretary of Homeland Security on behalf 

22 of such State or the residents of such State in an appro23 priate district court of the United States to obtain appro24 priate injunctive relief. The court shall advance on the 

25 docket and expedite the disposition of a civil action filed 
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1 under this subparagraph to the greatest extent prac2 ticable. For purposes of this subparagraph, a State or its 

3 residents shall be considered to have been harmed if the 

4 State or its residents experience harm, including financial 

5 harm in excess of $100.’’. 

6 (e) DETENTION.—Section 241(a)(2) of the Immigra7 tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend8 ed— 

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

10 and inserting the following: 

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

12 period,’’; and 

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

14 ‘‘(B) ENFORCEMENT BY ATTORNEY GEN15 ERAL OF A STATE.—The attorney general of a 

16 State, or other authorized State officer, alleging 

17 a violation of the detention requirement under 

18 subparagraph (A) that harms such State or its 

19 residents shall have standing to bring an action 

20 against the Secretary of Homeland Security on 

21 behalf of such State or the residents of such 

22 State in an appropriate district court of the 

23 United States to obtain appropriate injunctive 

24 relief. The court shall advance on the docket 

25 and expedite the disposition of a civil action 
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1 filed under this subparagraph to the greatest 

2 extent practicable. For purposes of this sub3 paragraph, a State or its residents shall be con4 sidered to have been harmed if the State or its 

5 residents experience harm, including financial 

6 harm in excess of $100.’’. 

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

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

9 1252(f)) is amended by adding at the end following: 

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

11 not apply to an action brought pursuant to section 

12 235(b)(3), subsections (e) or (f) of section 236, or 

13 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 

purposes. in the United States with theft, and for other take into custody aliens who have been charged