Reading the bill…
Our AI is translating this into plain English. Usually takes 10–15 seconds.
Reading the bill…
Our AI is translating this into plain English. Usually takes 10–15 seconds.
Latest updateJan 7, 2025
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 159 (Roll no. 6). (text: CR H53-54)

Sponsor
Mike Collins
Introduced
January 3, 2025
Latest action
February 10, 2025
How far this bill has traveled through Congress
Introduced
Committee
Passed Chamber
Passed Both
President
Enacted
Introduced
Bill filed in chamber
Committee
Reviewed & reported
Passed Chamber
House or Senate vote
Passed Both
House & Senate agree
President
Sent to White House
Enacted
Signed into law
Latest Action
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10.
Under current immigration law, the Department of Homeland Security has discretion to detain or release certain noncitizens pending removal proceedings. Section 236(c) of the Immigration and Nationality Act requires mandatory detention for noncitizens convicted of specific crimes, including crimes of violence and drug trafficking. However, theft-related offenses—burglary, larceny, and shoplifting—are not currently included in the mandatory detention categories, meaning DHS officials can exercise discretion about whether to hold such individuals in custody.
The Laken Riley Act expands mandatory detention requirements by requiring the Department of Homeland Security to take into custody and issue detainers for noncitizens who are charged with, arrested for, convicted of, or admit to committing theft, burglary, larceny, or shoplifting offenses—provided they are also inadmissible under specific grounds related to criminal history or security concerns. The bill defines these theft-related terms according to the laws of the jurisdiction where the acts occurred. Additionally, the bill grants state attorneys general and other authorized state officers standing to sue the Department of Homeland Security, the Department of State, and the Attorney General in federal court if they believe these detention and removal requirements are violated, with courts required to expedite such cases. States can bring such actions if they or their residents experience harm, including financial harm exceeding $100.
Implementation begins immediately upon enactment. DHS must issue detainers for qualifying noncitizens and take custody if they are not otherwise detained by federal, state, or local authorities. The mandatory detention requirement removes discretion from immigration officials in these cases. State enforcement provisions allow state attorneys general to initiate federal litigation without waiting for federal enforcement action, potentially creating parallel state-level oversight of immigration detention decisions. This could increase the number of noncitizens held in DHS custody and generate litigation over whether specific cases meet the bill's criteria.
The bill removes discretion from immigration officials in detention decisions for noncitizens charged with theft-related crimes, mandating custody in qualifying cases. This expands the population subject to mandatory detention and creates new avenues for state-level enforcement of federal immigration law through litigation, potentially increasing federal detention capacity demands and generating disputes over case-by-case eligibility determinations.
Noncitizens charged with or convicted of theft offenses who are also subject to removal; state attorneys general and law enforcement officials seeking to enforce immigration detention requirements; the Department of Homeland Security, which must expand detention operations and respond to state litigation; federal courts, which must prioritize and expedite state enforcement cases; and local law enforcement agencies that may coordinate with DHS on detainers and custody transfers.
<DOC>
Calendar No. 10
119th CONGRESS
1st Session
H. R. 29
IN THE SENATE OF THE UNITED STATES
January 8, 2025
Received
February 6 (legislative day, February 5), 2025
Read the first time
February 10, 2025
Read the second time and placed on the calendar
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Laken Riley Act''.
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT THEFT.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``or'';
(B) in subparagraph (D), by striking the comma at
the end and inserting ``, or''; and
(C) by inserting after subparagraph (D) the
following:
``(E)(i) is inadmissible under paragraph (6)(A),
(6)(C), or (7) of section 212(a), and
``(ii) 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, or shoplifting
offense,'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
``(2) Definition.--For purposes of paragraph (1)(E), the
terms `burglary', `theft', `larceny', and `shoplifting' have
the meaning given such terms in the jurisdiction where the acts
occurred.
``(3) Detainer.--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.''.
SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.
(a) Inspection of Applicants for Admission.--Section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Enforcement by attorney general of a state.--The
attorney general of a State, or other authorized State officer,
alleging a violation of the det…Auto-Whip
Built from official statements, public releases, and voting records where they exist. Members without enough evidence are marked as no position.
Members whose public record points toward backing the bill.
No members in this group yet.
Members whose public record points toward opposition.
No members in this group yet.
Members we are still tracking, but without enough public evidence yet.
Angela Alsobrooks
D-Maryland
Alan Armstrong
R-Oklahoma
Tammy Baldwin
D-Wisconsin
Jim Banks
R-Indiana
John Barrasso
R-Wyoming
Michael Bennet
D-Colorado
Marsha Blackburn
R-Tennessee
Richard Blumenthal
D-Connecticut
Lisa Blunt Rochester
D-Delaware
Cory Booker
D-New Jersey
John Boozman
R-Arkansas
Katie Britt
R-Alabama
Ted Budd
R-North Carolina
Maria Cantwell
D-Washington
Shelley Capito
R-West Virginia
Bill Cassidy
R-Louisiana
Susan Collins
R-Maine
Christopher Coons
D-Delaware
John Cornyn
R-Texas
Catherine Cortez Masto
D-Nevada
Tom Cotton
R-Arkansas
Kevin Cramer
R-North Dakota
Mike Crapo
R-Idaho
Ted Cruz
R-Texas
John Curtis
R-Utah
Steve Daines
R-Montana
Tammy Duckworth
D-Illinois
Richard Durbin
D-Illinois
Joni Ernst
R-Iowa
John Fetterman
D-Pennsylvania
Deb Fischer
R-Nebraska
Ruben Gallego
D-Arizona
Kirsten Gillibrand
D-New York
Lindsey Graham
R-South Carolina
Chuck Grassley
R-Iowa
Bill Hagerty
R-Tennessee
Maggie Hassan
D-New Hampshire
Josh Hawley
R-Missouri
Martin Heinrich
D-New Mexico
John Hickenlooper
D-Colorado
Mazie Hirono
D-Hawaii
John Hoeven
R-North Dakota
Jon Husted
R-Ohio
Cindy Hyde-Smith
R-Mississippi
Ron Johnson
R-Wisconsin
James Justice
R-West Virginia
Timothy Kaine
D-Virginia
Mark Kelly
D-Arizona
John Kennedy
R-Louisiana
Andy Kim
D-New Jersey
Angus King
I-Maine
Amy Klobuchar
D-Minnesota
James Lankford
R-Oklahoma
Mike Lee
R-Utah
Ben Luján
D-New Mexico
Cynthia Lummis
R-Wyoming
Edward Markey
D-Massachusetts
Roger Marshall
R-Kansas
Mitch McConnell
R-Kentucky
David McCormick
R-Pennsylvania
Jeff Merkley
D-Oregon
Ashley Moody
R-Florida
Jerry Moran
R-Kansas
Bernie Moreno
R-Ohio
Markwayne Mullin
R-Oklahoma
Lisa Murkowski
R-Alaska
Christopher Murphy
D-Connecticut
Patty Murray
D-Washington
Jon Ossoff
D-Georgia
Alex Padilla
D-California
Rand Paul
R-Kentucky
Gary Peters
D-Michigan
John Reed
D-Rhode Island
Pete Ricketts
R-Nebraska
James Risch
R-Idaho
Jacky Rosen
D-Nevada
Mike Rounds
R-South Dakota
Marco Rubio
R-Florida
Bernie Sanders
I-Vermont
Brian Schatz
D-Hawaii
Adam Schiff
D-California
Eric Schmitt
R-Missouri
Charles Schumer
D-New York
Rick Scott
R-Florida
Tim Scott
R-South Carolina
Jeanne Shaheen
D-New Hampshire
Tim Sheehy
R-Montana
Elissa Slotkin
D-Michigan
Tina Smith
D-Minnesota
Dan Sullivan
R-Alaska
John Thune
R-South Dakota
Thomas Tillis
R-North Carolina
Tommy Tuberville
R-Alabama
Chris Van Hollen
D-Maryland
J. Vance
R-Ohio
Mark Warner
D-Virginia
Raphael Warnock
D-Georgia
Elizabeth Warren
D-Massachusetts
Peter Welch
D-Vermont
Sheldon Whitehouse
D-Rhode Island
Roger Wicker
R-Mississippi
Ron Wyden
D-Oregon
Todd Young
R-Indiana