Laken Riley Act

The Laken Riley Act proposes to expand federal requirements for the detention of non-U.S. nationals who are in the country illegally. Under this bill, the Department of Homeland Security would be required to take into custody any individual who is unlawfully present and has been arrested for, charged with, or convicted of crimes such as burglary, theft, larceny, or shoplifting. This would change current practices by making detention mandatory for these specific property-related offenses.

Additionally, the bill aims to give state governments the power to sue the federal government regarding various immigration enforcement decisions. States could seek court orders if they believe federal officials have failed to properly inspect individuals at the border, violated limits on immigration parole, or released individuals from custody who should have been detained. To bring a lawsuit, a state would need to show that the federal government's actions caused the state or its residents at least $100 in financial harm.

If enacted, this legislation could lead to an increase in the number of individuals held in federal immigration detention centers. It would also potentially increase the amount of litigation between state and federal governments over how immigration laws are managed and enforced at the local level.