Laken Riley Act

Bill: 118-s-3933
Sponsor: full_name: Sen. Britt, Katie Boyd [R-AL]
Introduced: 2024-03-12
Policy area: Immigration
Subjects: Border security and unlawful immigration

Civil actions and liability

Crimes against property

Criminal investigation, prosecution, interrogation

Detention of persons

Immigration status and procedures

Intergovernmental relations

Law enforcement officers

Refugees, asylum, displaced persons

State and local government operations

Visas and passports
Latest action: action_date: 2024-03-12
text: Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2024-03-12
action_desc: Introduced in Senate
text: <p><b>Laken Riley Act</b></p> <p>This bill requires the Department of Homeland Security (DHS) to detain certain non-U. S. nationals (<i>aliens</i> under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.</p> <p>Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted for, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting. </p> <p>The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a</p> <ul> <li>decision to release a non-U. S. national from custody;</li> <li>failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;</li> <li>failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;</li> <li>violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or </li> <li>failure to detain an individual who has been ordered removed from the United States.</li></ul>

tv_txt: II 118th CONGRESS 2d Session S. 3933 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. Short title This Act may be cited as the Laken Riley Act . 2. Findings; sense of Congress (a) Findings Congress finds that the Nation— (1) mourns the devastating loss of Laken Riley and other victims of the Biden administration’s open borders policies; (2) honors the life and memory of Laken Riley and other victims of the Biden administration’s open borders policies; and (3) denounces the open-borders policies of President Joe Biden, Border Czar Vice President Kamala Harris, Secretary of Homeland Security Alejandro Mayorkas, and other Biden administration officials. (b) Sense of Congress It is the sense of Congress that— (1) the Biden administration should not have released Laken Riley’s alleged murderer into the United States; (2) the Biden administration should have arrested and detained Laken Riley’s alleged murderer after he was charged with crimes in New York, New York, and Athens, Georgia; (3) President Biden should publicly denounce his administration’s immigration policies that resulted in the murder of Laken Riley; and (4) President Biden should prevent another murder like that of Laken Riley by ending the catch-and-release of illegal aliens, increasing immigration enforcement, detaining and removing criminal aliens, reinstating the Remain in Mexico policy, ending his abuse of parole authority, and securing the United States borders. 3. 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, or shoplifting offense, ; (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 , and shoplifting have the meaning given such terms in the jurisdiction where 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. . 4. 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 it 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). .