Marco Rubio

1. S 5Jan 20, 2025ImmigrationBecame Law

   ●Yea

   Laken Riley Act

   Senate vote · 64-35

   Democrats

   12-33

   Republicans

   52-0

   Independents

   0-2

   What this does

   Expands mandatory immigration detention. It amends Section 236(c) of the Immigration and Nationality Act so that Homeland Security must detain aliens who are inadmissible for lacking valid entry documents or for fraud and who are charged with, arrested for, convicted of, or admit to burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime resulting in death or serious bodily injury (Section 2). Detention is triggered by a charge or arrest, not a conviction, and Homeland Security must issue a detainer and take custody. The bill also grants a state attorney general standing to sue Homeland Security, the Attorney General, or the Secretary of State over failures to detain, remove, grant bond or parole, or continue withholding visas, and to seek injunctive relief; a state counts as harmed if it or its residents suffer harm including financial harm in excess of $100 (Section 3). It shifts parole authority under Section 212(d)(5) from the Attorney General to the Secretary of Homeland Security and exempts these new state actions from the existing statutory bar on class-wide injunctions (Section 3).

   One subject: detaining aliens charged with theft-related crimes and letting states sue to force that enforcement. The detention mandate and the state-standing provisions are two halves of the same enforcement scheme in a single bill. No unrelated rider, and the title matches the content.

   See where members stood →Read the bill ↗

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