S.Amdt. 1734

SA 1734. Mr. BUDD (for himself, Mrs. Britt, and Mr. Braun) submitted
an amendment intended to be proposed by him to the bill H.R. 2882, to
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and
for other purposes; which was ordered to lie on the table; as follows:

On page 426, between lines 12 and 13, insert the following:

SEC. 552.(A) THIS SECTION MAY BE CITED AS THE ``LAKEN RILEY
ACT''.

(b)(1) Congress finds that the people of the United
States--
(A) mourn the devastating loss of Laken Riley and other
victims of the Biden administration's open borders policies;
(B) honor the life and memory of Laken Riley and other
victims of the Biden administration's open borders policies;
and
(C) denounce the open borders policies of President Joe
Biden, ``Border Czar'' Vice President Kamala Harris,
Secretary of Homeland Security Alejandro Mayorkas, and other
officials in the Biden administration.
(2) It is the sense of Congress that--
(A) the Biden administration should not have released Laken
Riley's alleged murderer into the United States;
(B) the Biden administration should have arrested and
detained Laken Riley's alleged murderer after he was charged
with crimes in New York, New York, and Athens, Georgia;
(C) President Biden should publicly denounce his
administration's immigration policies that resulted in the
murder of Laken Riley; and
(D) President Biden should prevent another murder like that
of Laken Riley by--
(i) ending the catch-and-release of illegal aliens;
(ii) increasing immigration enforcement;
(iii) detaining and removing criminal aliens;
(iv) reinstating the Remain in Mexico policy;
(v) ending his abuse of parole authority, and
(vi) securing the borders of the United States.
(c) Section 236(c) of the Immigration and Nationality Act
(8 U.S.C. 1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraphs (A) and (B), by striking the comma at
the end of each such subparagraph and inserting a semicolon;
(B) in subparagraph (C), by striking ``, or'' and inserting
a semicolon;
(C) in subparagraph (D), by striking the comma at the end
and inserting ``; or''; and
(D) by inserting after subparagraph (D) the following:
``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or
(7) of section 212(a); and
``(ii) is charged with, is arrested for, is convicted of,
or admits having committed acts constituting the essential
elements of any burglary, theft, larceny, or shoplifting
offense (as such terms are defined in the jurisdiction in
which such acts occurred),'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Detainer.--The Secretary of Homeland Security shall--
``(A) issue a detainer for any alien described in paragraph
(1)(E); and
``(B) if such alien is not being detained by Federal,
State, or local officials, take custody of such alien
effectively and expeditiously.''.
(d)(1) Section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5)) is amended--
(A) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(B) in subparagraph (A)--
(i) by striking ``his discretion'' and inserting ``in the
discretion of the Secretary'';
(ii) by striking ``he may'' and inserting ``the Secretary
may'';
(iii) by striking ``he was'' and inserting ``the alien
was''; and
(iv) by striking ``his case'' and inserting ``the alien's
case''; and
(C) by adding at the end the following:
``(C)(i) The attorney general of a State, or another
authorized State officer, alleging a violation of
subparagraph (A), which requires the granting of parole be
decided on a case-by-case basis and solely for urgent
humanitarian reasons or a significant public benefit, which
harms such State or its residents shall have standing to seek
appropriate injunctive relief through an action against the
Secretary of Homeland Security on behalf of such State or the
residents of such State in an appropriate district court of
the United States.
``(ii) The court in which a civil action is brought
pursuant to clause (i) shall advance on the docket and
expedite the disposition of such action to the greatest
extent practicable.
``(iii) In this subparagraph, a State or its residents
shall be considered to have been harmed if the State or its
residents experience harm, including financial harm in excess
of $100.''.
(2) Section 235(b) of such Act (8 U.S.C. 1225(b)) is
amended--
(A) by redesignating paragraph (3) as paragraph (4); and
(B) by inserting after paragraph (2) the following:
``(3) Enforcement by the attorney general of a state.--
``(A) Standing.--The attorney general of a State, or
another authorized State officer, alleging a violation of the
detention and removal requirements under paragraph (1) or
(2), which harms such State or its residents shall have
standing to bring an action against the Secretary of Homeland
Security on behalf of such State or the residents of such
State in an appropriate district court of the United States
to obtain appropriate injunctive relief.
``(B) Expedited proceedings.--The court in which a civil
action is filed pursuant to subparagraph (A) shall advance on
the docket and expedite the disposition of such action to the
greatest extent practicable.
``(C) Harm.--In subparagraph (A), a State or its residents
shall be considered to have been harmed if the State or its
residents experience harm, including financial harm in excess
of $100.''.
(3) Section 236 of such Act (8 U.S.C. 1226), as amended by
section 3, is further amended--
(A) in subsection (e), by striking ``or release of any
alien or the grant, revocation, or denial'' and inserting
``of any alien or the revocation or denial''; and
(B) by adding at the end the following:
``(f) Enforcement by the Attorney General of a State.--
``(1) Standing.--The attorney general of a State, or
another authorized State officer, alleging an action or
decision by the Attorney General or the Secretary of Homeland
Security under this section to release any alien or grant
bond or parole to any alien that harms such State or its
residents shall have standing to seek injunctive relief by
bringing an action against the Attorney General or the
Secretary of Homeland Security on behalf of such State or the
residents of such State in an appropriate district court of
the United States.
``(2) Expedited proceedings.--The court in which a civil
action is filed pursuant to paragraph (1) shall advance on
the docket and expedite the disposition of such action to the
greatest extent practicable.
``(3) Harm.--In subparagraph (A), a State or its residents
shall be considered to have been harmed if the State or its
residents experience harm, including financial harm in excess
of $100.''.
(4) Section 241(a)(2) of such .Act (8 U.S.C. 1231(a)(2)) is
amended--
(A) by striking ``During the removal period,'' and
inserting the following:
``(A) In general.--During the removal period,''; and
(B) by adding at the end the following:
``(B) Enforcement by the attorney general of a state.--
``(i) Standing.--The attorney general of a State, or
another authorized State officer, alleging a violation of the
detention requirement under subparagraph (A) that harms such
State or its residents shall have standing to seek injunctive
relief by bringing an action against the Secretary of
Homeland Security on behalf of such State or the residents of
such State in an appropriate district court of the United
States.
``(ii) Expedited proceedings.--The court in which a civil
action is filed pursuant to clause (i) shall advance on the
docket and expedite the disposition of such action to the
greatest extent practicable.
``(iii) Harm.--In clause (i), a State or its residents
shall be considered to have been harmed if the State or its
residents experience harm, including financial harm in excess
of $100.''.
(5) Section 242(f) of such Act (8 U.S.C. 1252(f)) is
amended by adding at the end following:
``(3) Certain actions.--Paragraph (1) shall not apply to an
action brought pursuant to section 235(b)(3), subsections (e)
or (f) of section 236, or section 241(a)(2)(B).''.

[[Page S2544]]

(6) Section 243 of such Act (8 U.S.C. 1253) is amended by
adding at the end the following:
``(e) Enforcement by the Attorney General of a State.--
``(1) Standing.--The attorney general of a State, or
another authorized State officer, alleging a violation of the
requirement to discontinue granting visas to citizens,
subjects, nationals, and residents described in subsection
(d), which harms such State or its residents, shall have
standing to seek injunctive relief by bringing an action
against the Secretary of State on behalf of such State or the
residents of such State in an appropriate district court of
the United States.
``(2) Expedited proceedings.--The court in which a civil
action is filed under paragraph (1) shall advance on the
docket and expedite the disposition of such action to the
greatest extent practicable.
``(3) Harm.--In paragraph (1), a State or its residents
shall be considered to have been harmed if the State or its
residents experience harm, including financial harm in excess
of $100.''.
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