This bill 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. It also allows states to sue the federal government for immigration enforcement failures causing harm exceeding 100 dollars. States can sue over decisions to release non-citizens from custody, asylum processing failures, visa issuance violations, parole limitation violations, and failures to detain those ordered removed. Named for Laken Riley, who was killed by an undocumented immigrant.
Latest Action
Became Public Law No: 119-1.
AI Summary
Plain-English explanation of this bill
This bill 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. It also allows states to sue the federal government for immigration enforcement failures causing harm exceeding 100 dollars. States can sue over decisions to release non-citizens from custody, asylum processing failures, visa issuance violations, parole limitation violations, and failures to detain those ordered removed. Named for Laken Riley, who was killed by an undocumented immigrant.
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
Mandates detention for theft, burglary, larceny, shoplifting charges
Allows states to sue federal government over immigration failures
100 dollar harm threshold for state lawsuits
Covers release decisions, asylum processing, visa issuance
Named for Laken Riley, victim of undocumented immigrant crime
How This Impacts Americans
Potential effects on citizens and communities
For DHS: Mandatory detention requirements for property crime arrestees. For states: Legal standing to challenge federal immigration decisions. For undocumented immigrants: Expanded detention for property crime charges. For federal courts: New category of state vs federal immigration lawsuits. For immigration enforcement: Increased accountability to state governments.
