S. 5 Became law · Public Law 119-1 Immigration

Laken Riley Act

A bill 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.

  1. Introduced
  2. Committee
  3. Passed Senate
  4. Passed House
  5. To President
  6. Became law
Sponsor Sen. Britt, Katie Boyd [R-AL] Introduced January 6, 2025 Cosponsors 53 (51 R, 2 D) Latest action January 29, 2025

Summary

Laken Riley Act
This 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 a
- decision 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; or
- failure to detain an individual who has been ordered removed from the United States.

Summary by the Congressional Research Service, Library of Congress.

Congress.gov

Roll-call votes

Actions

  1. Jan 29, 2025 Became Public Law No: 119-1.
  2. Jan 29, 2025 Signed by President.
  3. Jan 23, 2025 Presented to President.
  4. Jan 22, 2025 Motion to reconsider laid on the table Agreed to without objection.
  5. Jan 22, 2025 On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)
  6. Jan 22, 2025 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)
  7. Jan 22, 2025 Considered as unfinished business. (consideration: CR H285-286)
  8. Jan 22, 2025 POSTPONED PROCEEDINGS - At the conclusion of the debate on S. 5, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Mr. Raskin demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
  9. Jan 22, 2025 The previous question was ordered pursuant to the rule.
  10. Jan 22, 2025 DEBATE - The House proceeded with one hour of debate on S. 5.
  11. Jan 22, 2025 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 22, 2025 Considered under the provisions of rule H. Res. 53. (consideration: CR H277-284)

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