Named for a Georgia college student killed in 2024, the Laken Riley Act expands mandatory immigration detention to cover undocumented people who are charged with or arrested for theft, burglary, shoplifting, or assault of a law enforcement officer, or any crime causing death or serious bodily injury — regardless of whether the person has been convicted. Previously, mandatory immigration detention applied primarily to those with certain prior immigration violations or serious criminal convictions. The law also gives state attorneys general — in all 50 states — the legal standing to sue the federal government in federal court to force compliance with immigration detention and removal requirements, with a harm threshold as low as $100 in financial damages. These state enforcement provisions extend across multiple sections of immigration law covering inspections, detention decisions, parole grants, and the post-order removal period.
Civil Liberties
- Pre-conviction release rights — Mandatory immigration detention applies on charge or arrest, not conviction, for listed offenses
- State AG standing to challenge federal detention decisions — Attorneys general may sue for injunctive relief over immigration detention and removal with a financial harm threshold as low as $100
Criminal Justice & Due Process
- Mandatory immigration detention scope — Extended to cover inadmissible aliens charged with or arrested for theft, shoplifting, burglary, assault of a law enforcement officer, or crimes causing death or serious bodily injury
Congressional Summary
Laken Riley ActThis 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 adecision 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; orfailure to detain an individual who has been ordered removed from the United States.
Legislative Subjects
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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