Featured Bill
Laken Riley Act
Under current immigration law, the Department of Homeland Security has discretion in deciding whether to detain noncitizens pending removal proceedings. While DHS must detain certain categories of noncitizens—such as those convicted of specific crimes or deemed security threats—many others can be released on bond or parole. States have limited ability to challenge federal detention or release decisions. This discretionary system means that noncitizens charged with crimes like theft or burglary may be released into communities while their cases proceed, creating situations where states believe federal immigration enforcement is inadequate. The Laken Riley Act amends the Immigration and Nationality Act to require the Secretary of Homeland Security to take custody of and detain noncitizens who are charged with, arrested for, or convicted of theft, burglary, larceny, shoplifting, or assault of a law enforcement officer—or any crime resulting in death or serious bodily injury. DHS must issue a detainer for such individuals and take custody if they are not otherwise detained by federal, state, or local officials. The bill defines these crimes according to the jurisdiction where the acts occurred. Additionally, the bill grants state attorneys general standing to sue the Secretary of Homeland Security, the Attorney General, and the Secretary of State in federal court if they allege that detention or release decisions harm their state or residents, with courts required to expedite such cases. Implementation begins immediately upon enactment. DHS must identify noncitizens meeting the new detention criteria and issue detainers accordingly. States can file lawsuits in federal district court challenging federal detention or release decisions, with courts prioritizing these cases on their dockets. The bill lowers the threshold for proving state harm to include financial harm exceeding $100. This expands state authority over immigration enforcement and creates new litigation pathways, potentially increasing federal court caseloads and requiring DHS to detain more individuals, which will affect detention facility capacity and resources.
Became Public Law No: 119-1.





