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CIVIC HERALD
S 5 · 119th Congress · SenateEnacted

Laken Riley Act

In plain language: This bill requires federal immigration officials to take custody of and detain undocumented immigrants who are charged with, arrested for, convicted of, or admit to theft, burglary, shoplifting, assaulting an officer, or crimes causing serious bodily harm. It also grants state attorneys general the authority to sue the federal government in court if federal agencies fail to enforce detention rules or release individuals on parole or bond. States can initiate these lawsuits if they can demonstrate as little as $100 in financial harm to the state or its residents.

Provisional: our plain-language summary, pending review.

Provisionalunreviewed: impact, provisions, stakeholders, summary
People affectedThe bill establishes detention mandates for inadmissible noncitizens arrested for, charged with, convicted of, or admitting to certain criminal offenses, but the operative text does not quantify the affected population.
Fiscal magnitudeno CBO estimate published
Reach72provisional · pending reviewrigor: heuristic llm
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Issues

What this bill touches.

Federal vs. state/local−40Enforcement & security−65

The sign shows the bill's direction on each issue (+ toward, − away); the number is its magnitude. Color never encodes good or bad, and never party.

Who it affects

Who it helps · who it burdens.

Who it helps

  • State attorneys general and authorized state officersSection 3 grants state attorneys general statutory standing and the authority to sue federal agencies in federal district court to compel enforcement of detention, expedited removal, visa sanctions, and parole limits whenever a state or its residents incur at least $100 in harm.provisional

Who it burdens

  • Inadmissible noncitizens accused or convicted of specified theft or violent crimesSection 2 makes them subject to mandatory federal immigration detainers and mandatory detention by DHS upon being arrested for, charged with, convicted of, or admitting to burglary, theft, larceny, shoplifting, assaulting a law enforcement officer, or crimes causing death or serious bodily injury.provisional
  • Department of Homeland SecuritySection 2 requires DHS to issue detainers and take custody of noncitizens who commit specified theft or violent offenses, and Section 3 exposes DHS to state-initiated federal lawsuits and injunctive relief over its detention, release, and parole decisions.provisional
  • Federal district courtsSection 3 requires federal district courts to advance on their dockets and expedite civil lawsuits brought by state attorneys general challenging federal immigration enforcement, parole, and visa sanction actions.provisional
  • Department of StateSection 3(c) authorizes state attorneys general to sue the Secretary of State to force the suspension of visa issuance to countries that refuse or delay accepting deported citizens.provisional

Dollar-level funding (FEC sector totals) is coming in a later phase.

What it does

The provisions, in plain language.

  1. Requires the Department of Homeland Security to issue detainers and take into mandatory custody inadmissible noncitizens who are arrested for, charged with, convicted of, or admit to committing theft, burglary, larceny, shoplifting, assaulting a police officer, or offenses causing death or serious bodily injury.

    Sec. 2provisional
  2. Authorizes state attorneys general to sue the Department of Homeland Security in federal court to enforce detention and expedited removal requirements for arriving noncitizens, granting legal standing if the state or its residents experience at least $100 in harm.

    Sec. 3(a)provisional
  3. Authorizes state attorneys general to sue federal immigration officials in federal court to challenge decisions that release detained noncitizens on bond or parole, requiring courts to expedite these cases.

    Sec. 3(b)provisional
  4. Authorizes state attorneys general to sue the Department of Homeland Security in federal court to challenge immigration parole decisions that are not granted on an individualized, case-by-case basis for urgent humanitarian reasons or significant public benefit.

    Sec. 3(d)provisional
  5. Authorizes state attorneys general to sue the Department of Homeland Security to enforce the mandatory detention of noncitizens who have received final orders of deportation during their removal period.

    Sec. 3(e)provisional

How your members of Congress line up

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Timeline

How it moved.

  1. Jan 29, 2025Became Public Law No: 119-1.
  2. Jan 29, 2025Became Public Law No: 119-1.
  3. Jan 29, 2025Signed by President.
  4. Jan 29, 2025Signed by President.
  5. Jan 23, 2025Presented to President.
  6. Jan 23, 2025Presented to President.
  7. Jan 22, 2025Motion to reconsider laid on the table Agreed to without objection.
  8. Jan 22, 2025On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)
  9. Jan 22, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)
  10. Jan 22, 2025Rule H. Res. 53 passed House.
  11. Jan 21, 2025Rules Committee Resolution H. Res. 53 Reported to House. Rule provides for consideration of H.R. 471 and S. 5. The resolution provides for consideration of H.R. 471 under a structured rule with one hour of general debate and one motion to recommit. Also, the resolution provides for consideration of S. 5 under a closed rule with one hour of general debate and one motion to commit.
  12. Jan 20, 2025Passed Senate with an amendment by Yea-Nay Vote. 64 - 35. Record Vote Number: 7. (text: CR S250-251)
  13. Jan 20, 2025Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 64 - 35. Record Vote Number: 7.
  14. Jan 17, 2025Cloture on the measure invoked in Senate by Yea-Nay Vote. 61 - 35. Record Vote Number: 5. (CR S240)
  15. Jan 15, 2025Cloture motion on the measure presented in Senate. (CR S182)
  16. Jan 13, 2025Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 82 - 10. Record Vote Number: 2. (CR S87)
  17. Jan 9, 2025Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 84 - 9. Record Vote Number: 1. (CR S73)
  18. Jan 8, 2025Cloture motion on the motion to proceed to the measure presented in Senate. (CR S46)
  19. Jan 6, 2025Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  20. Jan 6, 2025Introduced in Senate

The original text

Read it for yourself.

Sources & provenance

Congress.govrefreshed 17 days ago

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