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Latest updateJan 29, 2025
Became Public Law No: 119-1.

Sponsor
Katie Britt
Introduced
January 6, 2025
Latest action
January 29, 2025
How far this bill has traveled through Congress
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Enacted
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Passed Both
House & Senate agree
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Latest Action
Became Public Law No: 119-1.
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.
Noncitizens charged with theft-related crimes or assault of law enforcement officers will be detained rather than released pending removal proceedings, potentially keeping them in custody longer. Federal courts will face new litigation from states challenging detention and release decisions, requiring expedited case processing. DHS detention facilities will need capacity to hold more individuals, affecting resource allocation and operations. The threshold for state claims of harm drops significantly, making it easier for states to initiate federal lawsuits over immigration enforcement decisions.
Noncitizens charged with theft, burglary, larceny, shoplifting, or assault of law enforcement officers face mandatory detention. State attorneys general and state residents in jurisdictions with significant noncitizen populations will gain new legal tools to challenge federal immigration decisions. The Department of Homeland Security and Immigration and Customs Enforcement will manage expanded detention obligations and respond to state litigation. Federal district courts will handle increased caseloads from state enforcement actions. Local law enforcement agencies coordinating with DHS on detainers will experience operational changes.
S.5
One Hundred Nineteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty five
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, shoplifting, or assault of a law enforcement officer
offense, or any crime that results in death or serious bodily
injury to another person,'';
(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', `shoplifting', `assault of a law
enforcement officer', and `serious bodily injury' have the meanings
given such terms in the jurisdiction in which 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 detention and removal requirements under paragraph
(1) or (2) that harms such State or its residents shall have
standing to bring an action against the Secre…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.
Roger Marshall
R-Kansas
While the public record does not contain explicit statements about the Laken Riley Act specifically, strong inferential support can be drawn from: (1) The recent headline 'Senator Marshall: Border Patrol Must Be Funded to Stop Violent Illegals' directly aligns with the Laken Riley Act's focus on immigration enforcement and crimes committed by undocumented immigrants; (2) Marshall is a Republican senator from Kansas, and the Laken Riley Act has strong Republican support as a border security/immigration enforcement measure; (3) His stated legislative priorities around border security and immigration control align with this bill's core provisions requiring detention of undocumented immigrants accused of crimes. The confidence is not higher (0.9+) because there is no direct vote record or explicit statement about this specific bill in the provided content.
View official sourceBernie Moreno
R-Ohio
While the public record does not explicitly mention the Laken Riley Act, Senator Moreno's recent legislative actions and public statements strongly indicate support for this bill. The Laken Riley Act focuses on immigration enforcement and holding illegal immigrants accountable for crimes. Moreno's recent press release from April 29, 2026 demonstrates this alignment—he demanded investigation and denaturalization after an illegal immigrant killed three people in Ohio, calling for stricter accountability. His consistent focus on immigration enforcement, combined with his Republican party affiliation (which generally supports stricter immigration policies), suggests he would strongly support the Laken Riley Act. The confidence is not higher (0.95+) only because there is no explicit statement about this specific bill on the provided website content.
View official sourceTommy Tuberville
R-Alabama
While the public record does not contain explicit mentions of the Laken Riley Act, Senator Tuberville's prominently listed policy priorities—particularly 'Border Security' and 'National Security & Defense'—align directly with the bill's focus. The Laken Riley Act addresses immigration enforcement and border security by requiring detention of undocumented immigrants charged with crimes. As a Republican senator from Alabama with emphasized commitments to border security, and given the bill's bipartisan support and alignment with conservative immigration enforcement priorities, strong support is highly probable. However, confidence is not higher due to the absence of explicit voting record or direct statements about this specific bill in the provided content.
View official sourceRoger Wicker
R-Mississippi
While the public record does not explicitly mention the Laken Riley Act, Senator Wicker's website prominently features 'Immigration' as a key policy area and lists it among his main results. The Laken Riley Act is immigration-related legislation focused on immigration enforcement. Additionally, Wicker is a Republican senator from Mississippi, and the party generally supports stricter immigration enforcement measures. His emphasis on 'protecting our homeland' and national security also aligns with the bill's enforcement-focused approach. However, confidence is not higher (0.95+) because there is no explicit statement about this specific bill on the provided content.
View official sourcePete Ricketts
R-Nebraska
The public record does not contain explicit statements about the Laken Riley Act. However, Pete Ricketts' stated policy priorities include 'Securing Our Border' and 'Reining in Big Government,' which align with the Laken Riley Act's focus on immigration enforcement and border security. As a Republican U.S. Senator from Nebraska, Ricketts would likely support legislation emphasizing border security and immigration enforcement, which are core Republican priorities. The Laken Riley Act (which focuses on detaining undocumented immigrants who commit crimes) fits this ideological framework. However, without direct evidence of his position on this specific bill, confidence remains moderate rather than high.
Official websiteJames Risch
R-Idaho
James Risch is a Republican Senator from Idaho with stated policy priorities including 'Securing our Southern Border & Communities' and 'Reining in Big Government.' The Laken Riley Act is immigration enforcement legislation that aligns with Republican border security priorities. However, the public record does not contain explicit statements about this specific bill, so confidence cannot be higher. Support is inferred from his stated policy positions on border security and typical Republican stances on immigration enforcement, but without direct evidence of his vote or public statement on the Laken Riley Act specifically, strong support cannot be determined.
Official websiteTodd Young
R-Indiana
Todd Young is a Republican Senator from Indiana with stated priorities including 'Keeping Communities Safe & Healthy' and 'National Security.' The Laken Riley Act focuses on immigration enforcement and public safety (addressing crimes by undocumented immigrants). Young's policy priorities and party affiliation suggest likely support for such legislation. However, the provided website content contains no explicit statements about the Laken Riley Act specifically, and the public record appears dated (references to 2026) and incomplete. Therefore, confidence is moderate rather than high. The inference is based on alignment with typical Republican immigration enforcement positions and his stated community safety priorities, but without direct evidence of his stance on this particular bill.
Official websiteMike Rounds
R-South Dakota
The public record from Senator Rounds' website does not contain any explicit statements about the Laken Riley Act specifically. However, based on available contextual information: (1) Rounds is a Republican senator, and the Laken Riley Act is a GOP-backed immigration enforcement bill; (2) His stated priorities include 'National Security,' which aligns with the bill's enforcement focus; (3) As a conservative Republican, he would typically support immigration enforcement measures. However, without direct evidence of his stance on this specific bill from the provided content, confidence remains moderate-to-low. A complete assessment would require his actual voting record or public statements on this legislation.
Official websiteMembers whose public record points toward opposition.
Bernie Sanders
I-Vermont
The Laken Riley Act is an immigration enforcement bill that would mandate detention of undocumented immigrants accused of crimes. Bernie Sanders' website content shows no support for restrictive immigration enforcement measures. His recent positions emphasize protecting vulnerable populations from discrimination and his general legislative agenda focuses on labor rights, opposing military aid, and protecting students. Sanders has historically opposed immigration enforcement bills that expand detention and deportation authorities. While the provided content doesn't explicitly mention the Laken Riley Act, it contains no evidence supporting immigration enforcement positions, and Sanders' documented political stance on immigration typically opposes such restrictive measures.
Official websiteJeff Merkley
D-Oregon
While the public record does not explicitly mention the Laken Riley Act, Senator Merkley's demonstrated positions strongly suggest opposition. The Laken Riley Act focuses on immigration enforcement and detention. The available content shows Merkley: (1) is a Democrat who typically opposes restrictive immigration policies, (2) advocates for consumer protections and 'families first' priorities, and (3) opposes Trump administration policies. His party affiliation and progressive voting record indicate he would likely oppose legislation expanding immigration enforcement. However, confidence is not higher (0.9+) due to lack of explicit statements about this specific bill in the provided content.
Official websiteMembers we are still tracking, but without enough public evidence yet.
Mike Lee
R-Utah
The public record from Senator Mike Lee's website does not contain any explicit statements about the Laken Riley Act. While the content demonstrates Lee's general conservative positions on law enforcement support (BLUE Act cosponsor), immigration oversight, and public safety concerns, there is no specific information about his stance on the Laken Riley Act itself. To determine his likely position, one would need to reference his actual voting record on this bill or direct statements about it, which are not present in the provided material.
Official websiteTim Scott
R-South Carolina
The public record from Senator Scott's website does not contain any explicit statements about the Laken Riley Act specifically. While the content shows he introduced the Detention Authority Clarification Act (focused on preventing illegal aliens from escaping mandatory detention), which suggests a restrictive immigration enforcement stance, this is insufficient to definitively determine his position on the Laken Riley Act without direct evidence. The website content appears to be navigation/administrative information rather than policy statements on this specific bill. His party affiliation (Republican) and the thematic alignment of immigration enforcement priorities suggest possible support, but this cannot be confirmed from the available information.
Official websiteAngela 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
Ben Luján
D-New Mexico
Cynthia Lummis
R-Wyoming
Edward Markey
D-Massachusetts
Mitch McConnell
R-Kentucky
David McCormick
R-Pennsylvania
Ashley Moody
R-Florida
Jerry Moran
R-Kansas
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
Jacky Rosen
D-Nevada
Marco Rubio
R-Florida
Brian Schatz
D-Hawaii
Adam Schiff
D-California
Eric Schmitt
R-Missouri
Charles Schumer
D-New York
Rick Scott
R-Florida
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
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
Ron Wyden
D-Oregon