This bill requires DHS to detain non-citizens who are unlawfully present or lacked proper documents at entry and have been charged with, arrested for, convicted of, or admit to committing burglary, theft, larceny, or shoplifting. The mandatory detention applies regardless of the severity of the offense and removes discretion from immigration authorities in these cases.
Latest Action
Read twice and referred to the Committee on the Judiciary.
AI Summary
Plain-English explanation of this bill
This bill requires DHS to detain non-citizens who are unlawfully present or lacked proper documents at entry and have been charged with, arrested for, convicted of, or admit to committing burglary, theft, larceny, or shoplifting. The mandatory detention applies regardless of the severity of the offense and removes discretion from immigration authorities in these cases.
Last updated: 1/4/2026
Official Summary
Congressional Research Service summary
<p><strong>Public Safety First 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. Specifically, 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><ul></ul>
Key Points
Main provisions of the bill
Mandatory detention for theft-related offenses by non-citizens
Covers burglary, theft, larceny, and shoplifting
Applies to charges, arrests, and convictions
Includes admissions without formal charges
Removes DHS discretion in detention decisions
How This Impacts Americans
Potential effects on citizens and communities
This legislation responds to concerns about retail theft and property crimes attributed to unauthorized immigrants. The broad mandatory detention trigger including mere arrests and admissions goes beyond typical criminal conviction requirements. Critics argue it could lead to detention based on unproven allegations and overwhelm detention capacity. Supporters contend it protects communities from repeat offenders.
Policy Areas
Primary Policy Area
Immigration
Scope & Jurisdiction
Jurisdiction Level
federal
Congressional Session
119th Congress
Citation Reference
149, 119th Congress (2025). "Public Safety First Act". Source: Voter's Right Platform. https://votersright.org/bills/118-s-149
