Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10.
Introduced:Jan 6, 2025
Primary Sponsor
Chip Roy
Representative
Republican
TX-21
Cosponsors
54
Quick Stats
Policy Area
Immigration
Summary
This House version of the Laken Riley Act requires DHS to detain non-U.S. nationals who are unlawfully present and have been charged with, arrested for, or convicted of burglary, theft, larceny, or shoplifting. States can sue the federal government for immigration enforcement failures causing harm over 100 dollars, including release decisions, asylum processing failures, visa issuance issues, parole violations, and failure to detain those ordered removed. Companion to the Senate version S. 5.
Latest Action
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10.
AI Summary
Plain-English explanation of this bill
This House version of the Laken Riley Act requires DHS to detain non-U.S. nationals who are unlawfully present and have been charged with, arrested for, or convicted of burglary, theft, larceny, or shoplifting. States can sue the federal government for immigration enforcement failures causing harm over 100 dollars, including release decisions, asylum processing failures, visa issuance issues, parole violations, and failure to detain those ordered removed. Companion to the Senate version S. 5.
Last updated: 1/4/2026
Official Summary
Congressional Research Service summary
<p><strong>Laken Riley Act</strong></p><p>This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (<em>aliens</em> under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.</p><p>Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.</p><p>The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a</p><ul><li>decision to release a non-U.S. national from custody;</li><li>failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;</li><li>failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;</li><li>violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or</li><li>failure to detain an individual who has been ordered removed from the United States.</li></ul>
Key Points
Main provisions of the bill
Mandatory detention for theft, burglary, larceny, shoplifting charges
States can sue for immigration enforcement failures
100 dollar harm threshold for state lawsuits
Covers multiple categories of immigration decisions
House companion to Senate bill S. 5
How This Impacts Americans
Potential effects on citizens and communities
For DHS: Mandatory detention for property crime charges. For states: Expanded legal standing against federal immigration policy. For undocumented individuals: Greater detention risk for minor charges. For federal courts: Influx of state immigration lawsuits. For immigration reform: Major enforcement expansion if enacted.
