Laken Riley Act

S.5 (119th Congress)

Retrieved on 2025-05-15

Related Bills

HR.29 (119th Congress) - Laken Riley Act
HRES.53 (119th Congress) - Providing for consideration of the bill (H.R. 471) to expedite under the National Environmental Policy Act of 1969 and improve forest management activities on National Forest System lands, on public lands under the jurisdiction of the Bureau of Land Management, and on Tribal lands to return resilience to overgrown, fire-prone forested lands, and for other purposes, and providing for consideration of the bill (S. 5) 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.
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Summary

The Laken Riley Act mandates the Secretary of Homeland Security to detain non-citizens charged with offenses such as theft and assault against law enforcement. This act modifies the Immigration and Nationality Act by broadening the categories of individuals who may be detained, particularly those deemed inadmissible under specified immigration laws. The act emphasizes the requirement for the Secretary to take custody of aliens charged with these crimes, enhancing the enforcement of immigration laws related to theft-related offenses.

A significant feature of this legislation is the authority it grants to state attorneys general. They are allowed to sue the Secretary of Homeland Security if state residents suffer harm due to violations of the bill's detention and removal requirements. The threshold for harm is set at financial losses exceeding $100, and federal courts are directed to expedite these cases. This provision aims to hold federal immigration authorities accountable for actions perceived as damaging to state interests.

Furthermore, the act also allows state attorneys general to challenge the issuance of visas for individuals considered a risk under similar conditions, utilizing the same expedited judicial processes. The bill modifies the administration of certain parole provisions, transferring responsibility from the Attorney General to the Secretary of Homeland Security, which allows for greater state oversight on parole decisions, particularly in urgent humanitarian cases or those of significant public benefit.

The Laken Riley Act introduces a clearer judicial framework for states seeking relief from federal immigration policies. It provides means to challenge perceived overreach by federal entities, enhancing the role of state attorneys general in immigration matters and aiming to safeguard the interests of residents affected by federal immigration enforcement. With these changes, the act positions itself as a strengthened avenue for states to assert their rights against federal authorities in immigration enforcement matters.

Topics

immigrationjusticenational security

Questions About This Bill

How will this bill change the way non-citizens charged with crimes are treated?

This bill will change how non-citizens who are charged with crimes, especially theft, are treated. If a non-citizen is charged with theft or similar crimes, the Secretary of Homeland Security will have to take them into custody. This means they could be held in detention while their legal case is being processed. The bill makes it easier for the government to keep these individuals from being released back into the community and allows states to take action if they believe a non-citizen is being released when they shouldn't be. Overall, the bill focuses on stricter handling of non-citizens accused of certain crimes.

What types of crimes would lead to non-citizens being detained under this bill?

Under this bill, non-citizens could be detained for committing serious crimes such as burglary, theft, larceny, shoplifting, and assaulting a police officer. They could also be detained if their actions cause death or serious injury to someone else. This means if a non-citizen is charged with or convicted of these types of crimes, or even admits to doing them, they could be taken into custody.

Will state attorneys general be able to sue if someone in my community is harmed because of this bill?

Yes, state attorneys general will be able to sue if someone in your community is harmed because of this bill. The bill allows them to take action against the Secretary of Homeland Security if they believe the state or its residents have been harmed by violations of the bill's rules. This means if someone is hurt or if there are other serious issues, the attorney general can go to court to seek help for the community.

What is the minimum financial loss someone must have to take action against the Secretary of Homeland Security?

The sections you provided from the bill don't mention a specific minimum financial loss that someone must have to take action against the Secretary of Homeland Security. Therefore, I can't confidently answer your question about that minimum amount.

How does this bill impact the process for granting visas to possibly dangerous individuals?

This bill makes changes to the rules about who can get visas, especially for people who might be dangerous. It specifically states that if someone has been charged with serious crimes like theft or assault, they may not be allowed to get a visa.

Instead of allowing the Attorney General to decide about these cases, the job now goes to the Secretary of Homeland Security. This means there will be stricter checks, and if someone has serious legal problems, the government can keep them in custody until they know they are safe.

So, in simple terms, the bill makes it harder for people with certain bad actions in their past to come into the country, helping to keep everyone safer.

Who is responsible for making decisions about parole under the Laken Riley Act?

The sections from the "Laken Riley Act" do not provide specific information about who makes decisions about parole. Therefore, I can't confidently answer the question based on the information given.

What does the bill mean by 'greater state oversight' on parole decisions?

The sections provided from the bill don’t specifically explain what "greater state oversight" on parole decisions means. So, I can't provide a clear answer to your question based on this information. Generally, "greater state oversight" could mean that state authorities would have more control or involvement in deciding whether someone on parole should stay on parole or be sent back to jail, but this bill does not state that directly.

How can state attorneys general help protect residents if they believe the bill is causing harm?

State attorneys general can help protect residents if they think the bill is causing harm by taking legal action. They can go to court and ask for a remedy (called injunctive relief) against the Secretary of Homeland Security if they believe the bill is being enforced in a way that hurts their state or its people, especially if this harm includes losing money. If they take this action, the court will make it a priority to handle the case quickly.

Will this bill affect how quickly cases regarding immigration issues are handled in court?

Yes, this bill could affect how quickly immigration cases are handled in court. It says that if someone is charged with certain crimes, like theft, the Secretary of Homeland Security must take them into custody quickly. Also, if a state attorney general believes the state's residents are harmed by delays in handling these cases, they can ask a court to speed up the process. So, the bill is designed to make these cases get resolved faster.

What are the expected benefits for residents because of the changes in immigration enforcement?

The bill is about changing the rules for how the government handles people from other countries who are accused of crimes, especially theft. Here are some expected benefits for residents because of these changes:

  1. Better Enforcement: The government will be more focused on detaining people who commit theft or other serious crimes. This can make communities safer by removing people who might hurt others or steal.

  2. State Involvement: State officials can now take action if they believe that the decisions made by federal officials are harmful to the state or its people. This means that if a dangerous person is released, the state's attorney general can step in and ask for help from the courts. This makes it easier for local governments to protect their communities.

  3. Quick Legal Actions: If state officials think a decision is bad for the community, they can ask the courts to look at it quickly. This means problems can be dealt with faster, helping to keep residents safe.

  4. Financial Protection: If the state or its residents believe they are being harmed financially or in other ways by the release of certain individuals, they have legal rights to seek help. This gives residents a way to ensure their concerns are heard.

Overall, these changes aim to improve safety and allow local governments to have a stronger voice in immigration enforcement, which could be beneficial for the community.