Laken Riley Act

In Plain Language

This bill requires federal immigration authorities to detain non-U.S. nationals who are arrested for burglary, theft, larceny, or shoplifting and are in the country illegally or without proper documents. It also lets states sue the federal government if they believe immigration enforcement decisions or failures—like releasing someone from custody or not detaining someone ordered removed—have caused them financial or other harm of at least $100.

Official Congressional Research Service summary

Laken Riley ActThis bill 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, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.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 of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.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 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.