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substantiveJan 22, 2025 · House roll call · passage · Result: Passed

On Passage — S 5 — Laken Riley Act

Laken Riley Act

In plain language

- This Senate bill from the 119th Congress is titled Laken Riley Act. The official summary says this act requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals ( aliens under federal law) who have been arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. - The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. - Under this act, 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 the above crimes. - The act 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 decision to release a non-U.S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; 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; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States - Roll-call votes recorded on this bill: on January 9, 2025, the Senate vote on the recorded question was PROCEDURAL and Cloture on the Motion to Proceed Agreed to; on January 13, 2025, the Senate vote on the recorded question was PROCEDURAL and Motion to Proceed Agreed to; on January 17, 2025, the Senate vote on the recorded question was PROCEDURAL and Cloture Motion Agreed to; on January 20, 2025, the Senate vote on passage was SUBSTANTIVE (passage) and the bill passed; and on January 22, 2025, the House vote on passage was SUBSTANTIVE (passage) and Passed.

Official summary (Congressional Research Service)

Laken Riley Act This act requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals ( aliens under federal law) who have been arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. Under this act, 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 the above crimes. The act 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 decision to release a non-U.S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; 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; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States.

View this measure on congress.gov

Roll-call breakdown

Yea263

Democrat: 46 · Independent: 1 · Republican: 216

Nay156

Democrat: 156

Present0

Not Voting14

Democrat: 13 · Republican: 1

How each member voted (433)

Yea (263)

Nay (156)

Not Voting (14)

Party labels reflect each member’s most recent affiliation on record.