Congress·Enacted·S. 5

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

Laken Riley Act

about 1 year ago·View on Congress.gov

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

✓

Signed Into Law

This legislation has been enacted.

Legislative Progress

✓ Senate

64–35

✓ House

263–156

✓ President

✓ Law

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.
From policy text
“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,”
View in full text
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.
From policy text
“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.”
View in full text
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.
From policy text
“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.”
View in full text
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.
From policy text
“The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable.”
View in full text

ImmigrationCriminal Justice

Impact Analysis

Personal Impact

Who is affectedScoreImpactCertaintyScopeDurationSentiment

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

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.

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

Democrat

32 – 8 · 5

Republican

51 – 0 · 1

Independent

1 – 1

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.

CL~

Related Bills

2 bills

H.Res. 53Procedurally related

Providing for consideration of the bill (H.R. 471) to expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes, and providing for consideration of the bill (S. 5) 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.

Jan 22 — Motion to reconsider laid on the table Agreed to without objection.

S. 149Related bill

Public Safety First Act

Jan 17 — Read twice and referred to the Committee on the Judiciary.