II 
Calendar No. 10 
119TH CONGRESS 
1ST SESSION 
H. R. 29 
IN THE SENATE OF THE UNITED STATES 
JANUARY 8, 2025 
Received 
FEBRUARY 6 (legislative day, FEBRUARY 5), 2025 
Read the first time 
FEBRUARY 10, 2025 
Read the second time and placed on the calendar 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Laken Riley Act’’. 
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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 ad-
mits committing acts which constitute the es-
sential elements of any burglary, theft, larceny, 
or shoplifting offense,’’; 
(2) by redesignating paragraph (2) as para-
graph (4); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) DEFINITION.—For purposes of paragraph 
(1)(E), the terms ‘burglary’, ‘theft’, ‘larceny’, and 
‘shoplifting’ have the meaning given such terms in 
the jurisdiction where the acts occurred. 
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‘‘(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 other-
wise 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 para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(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 para-
graphs (1) or (2) that harms such State or its resi-
dents 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 ap-
propriate district court of the United States to ob-
tain appropriate injunctive relief. The court shall ad-
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vance on the docket and expedite the disposition of 
a civil action filed under this paragraph to the great-
est extent practicable. For purposes of this para-
graph, a State or its residents shall be considered to 
have been harmed if the State or its residents expe-
rience 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 amend-
ed— 
(1) in subsection (e)— 
(A) by striking ‘‘or release’’; and 
(B) by striking ‘‘grant, revocation, or de-
nial’’ 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 author-
ized 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 Attor-
ney General or Secretary of Homeland Security on behalf 
of such State or the residents of such State in an appro-
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priate district court of the United States to obtain appro-
priate 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 add-
ing at the end the following: 
‘‘(e) ENFORCEMENT BY ATTORNEY GENERAL OF A 
STATE.—The attorney general of a State, or other author-
ized State officer, alleging a violation of the requirement 
to discontinue granting visas to citizens, subjects, nation-
als, 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 appro-
priate district court of the United States to obtain appro-
priate 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 
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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 
it appears and inserting ‘‘Secretary of Homeland Se-
curity’’; and 
(2) by adding at the end the following: 
‘‘(C) The attorney general of a State, or other au-
thorized 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 ac-
tion against the Secretary of Homeland Security on behalf 
of such State or the residents of such State in an appro-
priate district court of the United States to obtain appro-
priate 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 prac-
ticable. 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.’’. 
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