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Congress·Enacted·about 1 year ago

Congress Requires Federal Officials to Detain Immigrants Charged with Theft or Attacking Police

Also known as: Laken Riley Act

Legislative Progress

✓ Filed
✓ Review
✓ Senate

64–35

✓ House

263–156

✓ President

Impact Analysis

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

Key Points

  • This law requires federal immigration authorities to arrest and hold non-citizens who have been charged with or convicted of certain crimes. These crimes include shoplifting, burglary, theft, and assaulting a police officer.
  • The Department of Homeland Security must now issue formal requests, known as detainers, for these individuals. This ensures that local jails hold the person until federal agents can take them into custody for possible deportation.
  • State officials, such as a State Attorney General, now have the legal right to sue the federal government if they believe immigration detention rules are not being followed. A state can take the federal government to court if they can show the state lost at least $100 because of a failure to detain or deport someone.
  • The policy is designed to prevent non-citizens accused of crimes from being released back into the community. It also requires federal courts to move quickly when handling lawsuits from states regarding these immigration issues.
ImmigrationCriminal Justice

Milestones

16 milestones36 actions
Jan 29, 2025

Became Public Law No: 119-1.

Jan 29, 2025

Signed by President.

Jan 23, 2025House

Presented to President.

Jan 22, 2025House

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

Jan 22, 2025House

On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)

What Happens Next

Projected impacts based on AI analysis

2025

State attorneys general begin filing lawsuits against the federal government

States now have legal standing to sue DHS if they believe federal immigration detention or parole rules are being violated. With the harm threshold set at just $100, states can easily meet the requirement to bring cases, leading to a likely wave of immigration-related litigation in federal courts.

Vote Results

8 votes
SenatePassedAmendmentJan 20, 2025

On the Amendment

To include crimes resulting in death or serious bodily injury to the list of offenses that, if committed by an inadmissible alien, require mandatory detention.

75
24
Democrat
22 – 23
Republican
52 – 0
Independent
1 – 1
View full roll call
HousePassedPassageJan 22, 2025

On Passage

263
156
Democrat
46 – 156 · 13
Republican
217 – 0 · 1
View full roll call
SenatePassedClotureJan 9, 2025

On Cloture on the Motion to Proceed

84
9
Democrat
32 – 8 · 5
Republican
51 – 0 · 1
Independent
1 – 1
View full roll call
SenatePassedProceduralJan 13, 2025

On the Motion to Proceed

82
10
Democrat
32 – 9 · 4
Republican
49 – 0 · 2
Independent
1 – 1
View full roll call
SenatePassedAmendmentJan 15, 2025

On the Amendment

To expand the list of criminal offenses that subject inadmissible aliens to mandatory detention.

70
25
Democrat
21 – 23 · 1
Republican
49 – 0 · 3
Independent
0 – 2
View full roll call
SenateFailedAmendmentJan 15, 2025

On the Amendment

To strike the section that authorizes State attorneys general to sue Federal immigration authorities for alleged violations relating to the detention of aliens.

46
49
Democrat
44 – 0 · 1
Republican
0 – 49 · 3
Independent
2 – 0
View full roll call
SenatePassedClotureJan 17, 2025

On the Cloture Motion

61
35
Democrat
10 – 33 · 2
Republican
51 – 0 · 1
Independent
0 – 2
View full roll call
SenatePassedPassageJan 20, 2025

On Passage of the Bill

64
35
Democrat
12 – 33
Republican
52 – 0
Independent
0 – 2
View full roll call

Related News

1 article
Washington Post·about 1 year ago

House passes Laken Riley Act as Trump begins immigration crackdown

In an early legislative win for President Trump, the House passed the Laken Riley Act with bipartisan support. The legislation mandates detention for immigrants accused of theft and permits state officials to challenge federal immigration decisions in court, a move some Democrats call chaotic.

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Source Information

Document Type

Congressional Bill

Official Title

Laken Riley Act

Bill NumberS 5
Congress119th Congress
ChamberSenate
Latest ActionBecame Public Law No: 119-1.

Sponsor

Cosponsors

(53)
D: 2R: 51

Analysis generated by AI. While we strive for accuracy, this should not be considered legal or professional advice. Always verify information with official government sources.