Laken Riley Act
This bill requires the Department of Homeland Security to take custody of and detain undocumented immigrants who have been arrested, charged, or convicted of theft, burglary, larceny, or shoplifting. It also gives state attorneys general the legal power to sue federal officials if immigration authorities fail to enforce detention rules, improperly grant parole or bond to immigrants, or fail to restrict visas for countries that refuse to accept deportees. Under the bill, states can bring these federal lawsuits if they or their residents face at least $100 in financial harm, and federal courts must fast-track the proceedings.
What this bill touches.
Who it helps · who it burdens.
Who it helps
- State attorneys generalSection 3 grants state attorneys general and authorized state officers statutory standing to file federal lawsuits and obtain injunctions against federal officials to enforce immigration detention, parole restrictions, removal mandates, and visa sanctions.
Who it burdens
- Inadmissible noncitizens accused or convicted of theft offensesSection 2 subjects inadmissible or undocumented immigrants who are arrested for, charged with, convicted of, or admit to committing burglary, theft, larceny, or shoplifting to mandatory federal detainers and mandatory custody without standard discretionary release.
- Department of Homeland SecuritySections 2 and 3 require DHS to issue detainers and take custody of specified noncitizens, while exposing the department's detention, parole, and release decisions to expedited lawsuits and court injunctions brought by state attorneys general.
- Department of StateSection 3(c) makes the Secretary of State subject to civil actions and injunctions by state attorneys general to enforce visa issuance suspensions against countries that delay or deny accepting deported nationals.
The provisions, in plain language.
Requires federal immigration authorities to issue detainers and take into mandatory custody any undocumented or inadmissible immigrant who is arrested for, charged with, convicted of, or admits to committing burglary, theft, larceny, or shoplifting.
Authorizes state attorneys general to sue the Department of Homeland Security in federal court to enforce detention and removal requirements for arriving immigrants if the state experiences at least $100 in financial harm.
Authorizes state attorneys general to sue federal officials to block the release, bond, or parole of detained immigrants, and removes legal limits preventing federal courts from reviewing release decisions in these cases.
Authorizes state attorneys general to sue the Secretary of State to enforce mandatory visa bans against countries that refuse or delay accepting their deported citizens.
Authorizes state attorneys general to sue the Department of Homeland Security to enforce rules requiring immigration parole to be granted only on a case-by-case basis for urgent humanitarian reasons or significant public benefit.
Authorizes state attorneys general to sue the Department of Homeland Security if it fails to keep noncitizens in detention during their official removal period.
Allows federal courts to issue injunctions against federal immigration policies in lawsuits brought by state attorneys general under these enforcement provisions.