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S. 5: Laken Riley Act

This bill, titled the Laken Riley Act, seeks to make changes to immigration laws regarding the detention of certain aliens charged with theft-related offenses in the United States. Here’s a breakdown of its main components:

Detention of Aliens Charged with Theft

The bill proposes to amend the Immigration and Nationality Act specifically to expand the criteria for the detention of aliens. The key points include:

  • If an alien is charged with crimes such as burglary, theft, larceny, or shoplifting, the Secretary of Homeland Security is mandated to issue a detainer for that individual.
  • The term "burglary", "theft", "larceny", and "shoplifting" will be defined according to the laws of the jurisdiction where the act occurred.
  • The bill establishes that if the alien is not detained by other officials, Homeland Security must take custody of the alien.

Enforcement Provisions

The bill includes provisions that allow State attorneys general to enforce these detention requirements. Specifically:

  • State attorneys general or authorized state officers can bring an action against the Secretary of Homeland Security if they believe that the detention and removal requirements are not being properly enforced.
  • The courts will have to prioritize these civil actions and expedite their handling.
  • For a state or its residents to claim harm, they must demonstrate financial loss exceeding $100.

Penalties and Limitations

The legislation outlines penalties related to enforcement issues, including a specified mechanism for state attorneys general to contest actions that they believe violate the established immigration rules. These include:

  • Conditions under which visas are granted to certain classes of aliens.
  • Provisions on the limits regarding the release of aliens and bond requirements.

Impact on Visa Granting

Changes to the requirements regarding the granting of visas are also contemplated. The Secretary of Homeland Security will have to obtain judicial review if any decisions involving visa issuance are contested by state attorneys general.

Civil Actions and Judicial Review

The bill clearly stipulates the interface between state enforcement powers and federal immigration authorities, allowing state officials to take legal action if they claim harm due to federal enforcement decisions.

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This is an AI-generated summary of the bill text. There may be mistakes.

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Sponsors

54 bill sponsors

Actions

35 actions

Date Action
Jan. 29, 2025 Signed by President.
Jan. 23, 2025 Presented to President.
Jan. 22, 2025 Considered as unfinished business. (consideration: CR H285-286)
Jan. 22, 2025 Considered under the provisions of rule H. Res. 53. (consideration: CR H277-284)
Jan. 22, 2025 DEBATE - The House proceeded with one hour of debate on S. 5.
Jan. 22, 2025 Motion to reconsider laid on the table Agreed to without objection.
Jan. 22, 2025 On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)
Jan. 22, 2025 Passed/agreed to in House: On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)
Jan. 22, 2025 POSTPONED PROCEEDINGS - At the conclusion of the debate on S. 5, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Mr. Raskin demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
Jan. 22, 2025 Rule H. Res. 53 passed House.
Jan. 22, 2025 Rule provides for consideration of H.R. 471 and S. 5. The resolution provides for consideration of H.R. 471 under a structured rule with one hour of general debate and one motion to recommit. Also, the resolution provides for consideration of S. 5 under a closed rule with one hour of general debate and one motion to commit.
Jan. 22, 2025 The previous question was ordered pursuant to the rule.
Jan. 21, 2025 Held at the desk.
Jan. 21, 2025 Message on Senate action sent to the House.
Jan. 21, 2025 Received in the House.
Jan. 21, 2025 Rules Committee Resolution H. Res. 53 Reported to House. Rule provides for consideration of H.R. 471 and S. 5. The resolution provides for consideration of H.R. 471 under a structured rule with one hour of general debate and one motion to recommit. Also, the resolution provides for consideration of S. 5 under a closed rule with one hour of general debate and one motion to commit.
Jan. 20, 2025 Considered by Senate. (consideration: CR S246-251)
Jan. 20, 2025 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 64 - 35. Record Vote Number: 7.
Jan. 20, 2025 Passed Senate with an amendment by Yea-Nay Vote. 64 - 35. Record Vote Number: 7. (text: CR S250-251)
Jan. 17, 2025 Cloture on the measure invoked in Senate by Yea-Nay Vote. 61 - 35. Record Vote Number: 5. (CR S240)
Jan. 17, 2025 Considered by Senate. (consideration: CR S237-241)
Jan. 16, 2025 Considered by Senate. (consideration: CR S198-218)
Jan. 15, 2025 Cloture motion on the measure presented in Senate. (CR S182)
Jan. 15, 2025 Considered by Senate. (consideration: CR S161-182)
Jan. 14, 2025 Considered by Senate. (consideration: CR S130)
Jan. 13, 2025 Measure laid before Senate by motion.
Jan. 13, 2025 Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 82 - 10. Record Vote Number: 2. (CR S87)
Jan. 13, 2025 Motion to proceed to measure considered in Senate. (CR S83)
Jan. 09, 2025 Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 84 - 9. Record Vote Number: 1. (CR S73)
Jan. 09, 2025 Motion to proceed to measure considered in Senate. (CR S70)
Jan. 08, 2025 Cloture motion on the motion to proceed to the measure presented in Senate. (CR S46)
Jan. 08, 2025 Motion to proceed to consideration of measure made in Senate. (CR S46)
Jan. 07, 2025 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1.
Jan. 06, 2025 Introduced in Senate
Jan. 06, 2025 Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

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