Laken Riley Act

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).

House vote · 263-156

Democrats46–156

Republicans217–0

Independents0–0

Senate vote · 64-35

Democrats12–33

Republicans52–0

Independents0–2

How we know · 7 sourced claims

Requires the Secretary of Homeland Security to take into custody 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.Source: Sec. 2 (new 8 U.S.C. 1226(c)(1)(E))
Triggers mandatory detention on a charge or arrest, not on a conviction.Source: Sec. 2 (new 8 U.S.C. 1226(c)(1)(E)(ii), 'is charged with, is arrested for')
Requires Homeland Security to issue a detainer and expeditiously take custody of such an alien if not otherwise detained.Source: Sec. 2 (new 8 U.S.C. 1226(c)(3))
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 withhold visas, and to seek injunctive relief.Source: Sec. 3(a), (b), (c), (d), (e)
Sets the standing threshold so that a state or its residents are considered harmed if they experience harm, including financial harm, in excess of $100.Source: Sec. 3(a) (new 8 U.S.C. 1225(b)(3)) and parallel provisions
Shifts parole authority under Section 212(d)(5) from the Attorney General to the Secretary of Homeland Security.Source: Sec. 3(d)(1) (amending 8 U.S.C. 1182(d)(5))
Exempts the new state-brought actions from the existing bar on class-wide injunctive relief.Source: Sec. 3(f) (new 8 U.S.C. 1252(f)(3))

Read the bill on congress.gov ↗

Your representatives

How did your member vote on this?

House roll call

The full roll call

R212–0D46–150I1–0

Position

Party

State

Republicans

213

Democrats

208

Independents

YeaKevin KileyCA · District 3

Senate roll call

The Senate roll

R49–0D12–33I0–2

Position

Party

State