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S-5Senate2025-01-29Immigration

Laken Riley Act

This bill became law on 2025-01-29 as Public Law No. 119-1.

The summary below describes the bill at the version we last reviewed; the enacted text may differ.

Read the latest text on Congress.gov →

YourVoice.Now Summary

Civil LibertiesCriminal Justice & Due ProcessTransparency & Accountability

People without legal status charged with theft must now be detained — no conviction needed — and states can sue to force it.

Civil Liberties

Protection from detention without conviction — an arrest is enough

Before this change, required detention mostly covered people convicted of serious crimes. Now a charge, an arrest, or an admission is enough, and there is no bond while the case goes on.

Visa access for countries refusing to take back deportees

Federal law says the State Department must stop granting visas to a country that will not take back people ordered removed. States can now sue when that does not happen, and a cutoff would reach that country's students, workers, and families.

Criminal Justice & Due Process

Mandatory immigration detention for theft or shoplifting charges

The full list is burglary, theft, larceny, shoplifting, assault of a police officer, and any crime that kills or badly injures someone. It applies to people who entered without permission, lacked valid entry papers, or gained a benefit by fraud.

Homeland Security's duty to take custody — no longer optional

The agency must file a detainer, which is a request that a jail hold the person. If no other agency is holding them, Homeland Security must pick them up quickly.

State-by-state differences in which charges trigger detention

Words like theft and shoplifting carry the meaning used where the acts happened. The same conduct can lead to detention in one state and not in another.

Transparency & Accountability

States' power to sue over releases — $100 harm is enough

A state attorney general can sue Homeland Security or the Attorney General over releases, bond, parole, missed inspections, or a failure to remove someone. The state only needs to show money harm above $100, and courts must hear the case fast.

Court review of release and bond decisions

Immigration law had blocked courts from second-guessing a choice to release someone or to grant bond. That shield is gone, though decisions to keep someone locked up stay off limits.

Court power to block federal immigration decisions broadly

Another part of immigration law normally stops judges from blocking these rules for whole groups of people. That limit does not apply to the new state lawsuits.

More about this bill

Most people will notice no change in daily life. For people living here without legal status, the change is large. Since January 29, 2025, Homeland Security must detain them if they are charged with certain crimes. The list covers theft, shoplifting, larceny, burglary, and assault of a police officer. It also covers any crime that kills or badly injures someone. A conviction is not needed. An arrest or a charge is enough. What counts as theft or shoplifting depends on the state where the acts happened. The law also lets state attorneys general sue the federal government in court. They can sue over a choice to release someone, or to grant bond or parole. They can also sue when the government does not detain or remove someone. A state can bring the case by showing money harm of more than $100. Judges must move these cases ahead of others on the calendar.

Congressional Summary

Laken Riley Act This act requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. Under this act, 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 of, or admits to having committed acts that constitute the essential elements of the above crimes. The act 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 decision to release a non-U.S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; 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; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States.

Legislative Subjects

Border security and unlawful immigrationCivil actions and liabilityCrimes against propertyCriminal investigation, prosecution, interrogationDetention of personsImmigration status and proceduresIntergovernmental relationsRefugees, asylum, displaced personsState and local government operationsViolent crimeVisas and passports

Details

Congress
119th
Chamber
Senate
Status
summarized
Action
Public Law
Action Date
2025-01-29
Date Added
2026-06-23
Source
Congress.gov →

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