Laken Riley Act

The Laken Riley Act primarily amends the Immigration and Nationality Act (INA) to expand the categories of aliens subject to mandatory detention by the Secretary of Homeland Security. It specifically targets inadmissible aliens who are charged with, arrested for, convicted of, or admit to committing acts constituting essential elements of certain offenses. These offenses include burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime resulting in death or serious bodily injury to another person. The bill mandates that the Secretary of Homeland Security issue a detainer for such aliens and expeditiously take them into custody.

A significant provision of the bill grants state attorneys general, or other authorized state officers, standing to bring civil actions against federal officials for alleged violations of immigration laws. This includes violations related to detention and removal requirements, as well as decisions concerning the release, bond, or parole of aliens. States can sue the Secretary of Homeland Security, the Attorney General, or the Secretary of State if they allege harm to the state or its residents, including financial harm exceeding $100. Such actions are to be advanced on the docket and expedited by the courts, and certain limitations on injunctive relief in immigration cases are waived for these state-initiated lawsuits.