119-s5

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5 Enrolled Bill

    (ENR) ]

 S.5

 One Hundred Nineteenth Congress

 of the

 United States of America

 AT THE FIRST SESSION

 Begun and held at the City of Washington on Friday,
 the third day of January, two thousand and twenty five

 An Act

 To require the Secretary of Homeland Security to take into custody 
 aliens who have been charged in the United States with theft, and for 
 other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.
 This Act may be cited as the ``Laken Riley Act''.

SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT THEFT.
 

Section 236
            (c) of the Immigration and Nationality Act (8 U.S.C. 
1226
            (c) ) is amended--

    (1) in paragraph

    (1) --
        (A) in subparagraph
            (C) , by striking ``or'';
        (B) in subparagraph
            (D) , by striking the comma at the end 
 and inserting ``, or''; and
            (C) by inserting after subparagraph
            (D) the following:
        (E)
            (i) is inadmissible under paragraph

    (6)
        (A) ,

    (6)
            (C) , or

    (7) of 

section 212

    (a) ; and
 ``
            (ii) is charged with, is arrested for, is convicted of, 
 admits having committed, or admits committing acts which 
 constitute the essential elements of any burglary, theft, 
 larceny, shoplifting, or assault of a law enforcement officer 
 offense, or any crime that results in death or serious bodily 
 injury to another person,'';

    (2) by redesignating paragraph

    (2) as paragraph

    (4) ; and

    (3) by inserting after paragraph

    (1) the following:
 ``

    (2) === Definition. ===
-For purposes of paragraph

    (1)
        (E) , the terms 
 `burglary', `theft', `larceny', `shoplifting', `assault of a law 
 enforcement officer', and `serious bodily injury' have the meanings 
 given such terms in the jurisdiction in which the acts occurred.''
 ``

    (3) Detainer.--The Secretary of Homeland Security shall issue 
 a detainer for an alien described in paragraph

    (1)
        (E) and, if the 
 alien is not otherwise detained by Federal, State, or local 
 officials, shall effectively and expeditiously take custody of the 
 alien.''.

SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

    (a) Inspection of Applicants for Admission.--

Section 235

    (b) of the 
Immigration and Nationality Act (8 U.S.C. 1225

    (b) ) is amended--

    (1) by redesignating paragraph

    (3) as paragraph

    (4) ; and

    (2) by inserting after paragraph

    (2) the following:
 ``

    (3) Enforcement by attorney general of a state.--The attorney 
 general of a State, or other authorized State officer, alleging a 
 violation of the detention and removal requirements under paragraph

    (1) or

    (2) that harms such State or its residents shall have 
 standing to bring an action against the Secretary of Homeland 
 Security on behalf of such State or the residents of such State in 
 an appropriate district court of the United States to obtain 
 appropriate injunctive relief. The court shall advance on the 
 docket and expedite the disposition of a civil action filed under 
 this paragraph to the greatest extent practicable. For purposes of 
 this paragraph, a State or its residents shall be considered to 
 have been harmed if the State or its residents experience harm, 
 including financial harm in excess of $100.''.

    (b) Apprehension and Detention of Aliens.--

Section 236 of the 
Immigration and Nationality Act (8 U.S.C. 1226), as amended by this 
Act, is further amended--

    (1) in subsection

    (e) --
        (A) by striking ``or release''; and
        (B) by striking ``grant, revocation, or denial'' and insert 
 ``revocation or denial''; and

    (2) by adding at the end the following:
 ``

    (f) Enforcement by Attorney General of a State.--The attorney 
general of a State, or other authorized State officer, alleging an 
action or decision by the Attorney General or Secretary of Homeland 
Security under this section to release any alien or grant bond or 
parole to any alien that harms such State or its residents shall have 
standing to bring an action against the Attorney General or Secretary 
of Homeland Security on behalf of such State or the residents of such 
State in an appropriate district court of the United States to obtain 
appropriate injunctive relief. The court shall advance on the docket 
and expedite the disposition of a civil action filed under this 
subsection to the greatest extent practicable. For purposes of this 
subsection, a State or its residents shall be considered to have been 
harmed if the State or its residents experience harm, including 
financial harm in excess of $100.''.
            (c) Penalties.--

Section 243 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended by adding at the end the following:
 ``

    (e) Enforcement by Attorney General of a State.--The attorney 
general of a State, or other authorized State officer, alleging a 
violation of the requirement to discontinue granting visas to citizens, 
subjects, nationals, and residents as described in subsection
            (d) that 
harms such State or its residents shall have standing to bring an 
action against the Secretary of State on behalf of such State or the 
residents of such State in an appropriate district court of the United 
States to obtain appropriate injunctive relief. The court shall advance 
on the docket and expedite the disposition of a civil action filed 
under this subsection to the greatest extent practicable. For purposes 
of this subsection, a State or its residents shall be considered to 
have been harmed if the State or its residents experience harm, 
including financial harm in excess of $100.''.
            (d) Certain Classes of Aliens.--

Section 212
            (d) (5) of the 
Immigration and Nationality Act (8 U.S.C. 1182
            (d) (5) ) is amended--

    (1) by striking ``Attorney General'' each place such term 
 appears and inserting ``Secretary of Homeland Security''; and

    (2) by adding at the end the following:
 ``
            (C) The attorney general of a State, or other authorized State 
officer, alleging a violation of the limitation under subparagraph
        (A) that parole solely be granted on a case-by-case basis and solely for 
urgent humanitarian reasons or a significant public benefit, that harms 
such State or its residents shall have standing to bring an action 
against the Secretary of Homeland Security on behalf of such State or 
the residents of such State in an appropriate district court of the 
United States to obtain appropriate injunctive relief. The court shall 
advance on the docket and expedite the disposition of a civil action 
filed under this subparagraph to the greatest extent practicable. For 
purposes of this subparagraph, a State or its residents shall be 
considered to have been harmed if the State or its residents experience 
harm, including financial harm in excess of $100.''.

    (e) Detention.--

Section 241

    (a)

    (2) of the Immigration and 
Nationality Act (8 U.S.C. 1231

    (a)

    (2) ) is amended--

    (1) by striking ``During the removal period,'' and inserting 
 the following:
 ``
        (A) In general.--During the removal period,''; and

    (2) by adding at the end the following:
 ``
        (B) Enforcement by attorney general of a state.--The 
 attorney general of a State, or other authorized State officer, 
 alleging a violation of the detention requirement under 
 subparagraph
        (A) that harms such State or its residents shall 
 have standing to bring an action against the Secretary of 
 Homeland Security on behalf of such State or the residents of 
 such State in an appropriate district court of the United 
 States to obtain appropriate injunctive relief. The court shall 
 advance on the docket and expedite the disposition of a civil 
 action filed under this subparagraph to the greatest extent 
 practicable. For purposes of this subparagraph, a State or its 
 residents shall be considered to have been harmed if the State 
 or its residents experience harm, including financial harm in 
 excess of $100.''.

    (f) Limit on Injunctive Relief.--

Section 242

    (f) of the Immigration 
and Nationality Act (8 U.S.C. 1252

    (f) ) is amended by adding at the end 
following:
 ``

    (3) Certain actions.--Paragraph

    (1) shall not apply to an 
 action brought pursuant to 

section 235

    (b)

    (3) , subsections

    (e) or

    (f) of 

section 236, or 

section 241

    (a)

    (2)
        (B) .''.

 Speaker of the House of Representatives.

 Vice President of the United States and 
 President of the Senate.