--- Placed on Calendar (Senate)
+++ Enrolled
@@ -1,39 +1,20 @@
[From the U.S. Government Publishing Office]
-[S. 5 Placed on Calendar Senate (PCS)]
+[S. 5 Enrolled Bill (ENR)]
-<DOC>
+S.5
-Calendar No. 1
-119th CONGRESS
-1st Session
-S. 5
+One Hundred Nineteenth Congress
-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.
+of the
-_______________________________________________________________________
+United States of America
-IN THE SENATE OF THE UNITED STATES
+AT THE FIRST SESSION
-January 6, 2025
+Begun and held at the City of Washington on Friday,
+the third day of January, two thousand and twenty five
-Mrs. Britt (for herself, Mr. Risch, Mr. Schmitt, Mr. Lankford, Mr.
-Cramer, Mr. Tuberville, Mr. Hoeven, Mr. Lee, Mr. Johnson, Mr. Barrasso,
-Mr. Wicker, Ms. Lummis, Mr. Thune, Mr. Tillis, Mr. Cotton, Mr. Crapo,
-Mr. Grassley, Mr. McConnell, Mr. Moreno, Mr. Moran, Mr. Graham, Mr.
-Budd, Mr. Boozman, Mr. Kennedy, Mr. Marshall, Ms. Collins, Mr. Daines,
-Mr. Cornyn, Mr. Scott of Florida, Mr. Sheehy, Mr. Banks, Ms. Ernst, Mr.
-Mullin, and Mr. Hagerty) introduced the following bill; which was read
-the first time
-
-January 7, 2025
-
-Read the second time and placed on the calendar
-
-_______________________________________________________________________
-
-A BILL
+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
@@ -41,67 +22,60 @@
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,'';
+(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', and `shoplifting' have
-the meaning 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.''.
-
+``(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
-Secretary of Homeland Security on behalf of such State or the
-residents of such State in an appropriate district court of the
-United States to obtain appropriate injunctive relief. The
-court shall advance on the docket and expedite the disposition
-of a civil action filed under this paragraph to the greatest
-extent practicable. For purposes of this paragraph, a State or
-its residents shall be considered to have been harmed if the
-State or its residents experience harm, including financial
-harm in excess of $100.''.
+``(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 Secretary of Homeland
+Security on behalf of such State or the residents of such State in
+an appropriate district court of the United States to obtain
+appropriate injunctive relief. The court shall advance on the
+docket and expedite the disposition of a civil action filed under
+this paragraph to the greatest extent practicable. For purposes of
+this paragraph, a State or its residents shall be considered to
+have been harmed if the State or its residents experience harm,
+including financial harm in excess of $100.''.
(b) Apprehension and Detention of Aliens.--Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226), as amended by this
Act, is further amended--
(1) in subsection (e)--
(A) by striking ``or release''; and
-(B) by striking ``grant, revocation, or denial''
-and insert ``revocation or denial''; and
+(B) by striking ``grant, revocation, or denial'' and insert
+``revocation or denial''; and
(2) by adding at the end the following:
``(f) Enforcement by Attorney General of a State.--The attorney
general of a State, or other authorized State officer, alleging an
@@ -152,51 +126,32 @@
harm, including financial harm in excess of $100.''.
(e) Detention.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
-(1) by striking ``During the removal period,'' and
-inserting the following:
-``(A) In general.--During the removal period,'';
-and
+(1) by striking ``During the removal period,'' and inserting
+the following:
+``(A) In general.--During the removal period,''; and
(2) by adding at the end the following:
-``(B) Enforcement by attorney general of a state.--
-The attorney general of a State, or other authorized
-State officer, alleging a violation of the detention
-requirement under subparagraph (A) that harms such
-State or its residents shall have standing to bring an
-action against the Secretary of Homeland Security on
-behalf of such State or the residents of such State in
-an appropriate district court of the United States to
-obtain appropriate injunctive relief. The court shall
-advance on the docket and expedite the disposition of a
-civil action filed under this subparagraph to the
-greatest extent practicable. For purposes of this
-subparagraph, a State or its residents shall be
-considered to have been harmed if the State or its
-residents experience harm, including financial harm in
+``(B) Enforcement by attorney general of a state.--The
+attorney general of a State, or other authorized State officer,
+alleging a violation of the detention requirement under
+subparagraph (A) that harms such State or its residents shall
+have standing to bring an action against the Secretary of
+Homeland Security on behalf of such State or the residents of
+such State in an appropriate district court of the United
+States to obtain appropriate injunctive relief. The court shall
+advance on the docket and expedite the disposition of a civil
+action filed under this subparagraph to the greatest extent
+practicable. For purposes of this subparagraph, a State or its
+residents shall be considered to have been harmed if the State
+or its residents experience harm, including financial harm in
excess of $100.''.
(f) Limit on Injunctive Relief.--Section 242(f) of the Immigration
and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end
following:
``(3) Certain actions.--Paragraph (1) shall not apply to an
-action brought pursuant to section 235(b)(3), subsections (e)
-or (f) of section 236, or section 241(a)(2)(B).''.
-Calendar No. 1
+action brought pursuant to section 235(b)(3), subsections (e) or
+(f) of section 236, or section 241(a)(2)(B).''.
-119th CONGRESS
+Speaker of the House of Representatives.
-1st Session
-
-S. 5
-
-_______________________________________________________________________
-
-A BILL
-
-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.
-
-_______________________________________________________________________
-
-January 7, 2025
-
-Read the second time and placed on the calendar
+Vice President of the United States and
+President of the Senate.