S.Amdt. 53

SA 53. Mr. KAINE (for himself, Mr. Bennet, Mr. Hickenlooper, Mr.
King, Mrs. Shaheen, Mr. Van Hollen, Mr. Welch, Mr. Merkley, Mr. Warner,
and Mr. Lujan) submitted an amendment intended to be proposed by him to
the bill S. 5, to require the Secretary of Homeland Security to take
into custody aliens who have been charged in the United States with
theft, and for other purposes; which was ordered to lie on the table;
as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Laken Riley Act''.

SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS.

Section 236(c) of the Immigration and Nationality Act (8
U.S.C. 1226(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``or'';
(B) in subparagraph (D), by striking the comma at the end
and inserting a semicolon; and
(C) 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)(I) is convicted of a crime resulting in serious
bodily injury;
``(II) is convicted of any burglary, theft, or larceny
offense; or
``(III) has been arrested for, or is charged with, a
criminal offense described in subclause (I) or (II) and was
ordered removed in absentia under section 240(b)(5) or is
subject to a bench warrant for failing to appear in
connection with a criminal charge or citation described in
subclause (I) or (II),'';
(2) by redesignating paragraph (2) as paragraph (6); and
(3) by inserting after paragraph (1) the following:
``(2) Definitions.--For purposes of paragraph (1)(E), the
terms `burglary', `theft', and `larceny', have the meanings
given such terms in the jurisdiction in which the acts
occurred.
``(3) Treatment of children.--No child who is younger than
16 years of age may be detained pursuant to subclause (II) or
(III) of paragraph (1)(E)(ii). A child who is 17 or 18 years
of age may not be detained pursuant to subclause (II) or
(III) of paragraph (1)(E) unless the Secretary of Homeland
Security determines, based on available evidence, that the
child poses a danger to the community or is a flight risk.
``(4) Procedure.--Any alien detained longer than 3 months
pursuant to paragraph (1)(E) may request a custody
determination hearing before an immigration judge, who shall
determine bond or other conditions for release only after
determining that such alien does not poses a danger to the
community.
``(5) 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 otherwise being detained by
Federal, State, or local law enforcement officials,
effectively and expeditiously take custody of such alien.''.
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