Congress·Passed House·H.R. 29

Congress Passes Bill Requiring Federal Detention of Non-Citizens Charged with Theft or Burglary

Laken Riley Act

about 1 year ago·View on Congress.gov

Part of: Congress Mandates Detention for Non-Citizens Charged With Theft or Assault

⏸

Stalled

No legislative action in over 90 days.

Legislative Progress

✓ House

264–159

Senate

President

Law

Key Points

This law requires the Department of Homeland Security to take into custody any non-citizen who is charged with, arrested for, or convicted of theft-related crimes. This includes offenses like shoplifting, burglary, and larceny.
The policy mandates that federal authorities must issue a formal request to hold these individuals and take them into federal custody quickly if they are not already being held by local or state police.
State officials, such as a State Attorney General, are given the power to sue the federal government if they believe federal agencies are failing to follow these detention and deportation rules.
A state can take the federal government to court if they can show that the failure to detain someone caused the state or its residents at least $100 in financial harm.
The goal of this policy is to prevent non-citizens who have been accused of crimes from being released back into the community while their legal or immigration cases are still being decided.
Courts are required to fast-track any lawsuits brought by states under this law to ensure federal immigration requirements are being met quickly.

ImmigrationCriminal Justice

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

Scores: 1 = low, 5 = highSentiment: -5 to +5 (net benefit)

Milestones

2 milestones13 actions

Feb 10, 2025Senate

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10.

Feb 6, 2025Senate

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

Jan 8, 2025Senate

Received in the Senate.

Jan 7, 2025House

Motion to reconsider laid on the table Agreed to without objection.

Jan 7, 2025House

On passage Passed by the Yeas and Nays: 264 - 159 (Roll no. 6). (text: CR H53-54)

What Happens Next

Projected impacts based on AI analysis

Upon presidential signature, if the Senate passes the bill

If enacted, mandatory detention of non-citizens charged with theft offenses begins

DHS would be required to issue detainers and take custody of non-citizens charged with, arrested for, or convicted of theft-related crimes, including shoplifting. This could affect thousands of people and require significant expansion of immigration detention capacity.

Immediately upon enactment

State attorneys general can begin suing the federal government over immigration enforcement failures

States gain new legal standing to challenge the federal government in court if they believe DHS is not properly detaining or removing non-citizens. The low $100 harm threshold makes it easy for states to bring these lawsuits, potentially leading to a wave of immigration-related litigation.

Vote Results

1 vote

HousePassedPassageJan 7, 2025

On Passage

264

159

Democrat

48 – 159 · 8

Republican

216 – 0 · 3

View full roll call

Related News

2 articles

Axios·about 1 year ago

House passes Laken Riley Act as Trump begins immigration crackdown

The House voted 263-156 to pass the Laken Riley Act, allowing ICE to detain undocumented immigrants for theft-related crimes and permitting state attorneys general to sue over federal policy. The bill's passage is an early legislative win for the administration's border security agenda.

Axios·about 1 year ago

Laken Riley Act: House passes immigration crackdown as first 2025 bill

The 119th House passed its first bill of 2025, the Laken Riley Act, requiring detention for undocumented immigrants arrested for non-violent crimes like shoplifting. The move signals the central role border security will play for Republicans under the incoming administration.