S. 5Senate119th Congress (2025-2027)Enacted

Laken Riley Act

Introduced January 6, 2025

AI-Generated Summary

Updated November 24, 2025 at 9:41 PM UTC

The Laken Riley Act directs the Department of Homeland Security to detain non‑citizens who are charged with theft‑related crimes and to issue detainers for them if they are not already in custody. It also creates a new legal pathway for state attorneys general to sue the federal government if they believe the release or failure to detain such individuals harms their state, with those lawsuits to be fast‑tracked. The bill updates several immigration statutes to support these new detention and enforcement rules.

Key Provisions

  • Adds a new category of non‑citizens who can be placed in immigration detention if they are charged with, arrested for, convicted of, or admit to theft‑related offenses (burglary, theft, larceny, shoplifting, assault on a law‑enforcement officer, or crimes causing death or serious injury).
  • Requires the Secretary of Homeland Security to issue a detainer and take custody of such individuals if they are not already detained by federal, state, or local authorities.
  • Gives state attorneys general (or other authorized state officials) the right to sue the Secretary of Homeland Security (or the Attorney General) in federal court for injunctive relief if a state believes the detention or release of these aliens harms the state or its residents, with cases to be expedited.
  • Amends several immigration statutes to reflect the new detention requirements and to provide the same standing for states to challenge decisions about parole, bond, or visa issuance that they claim cause harm.

Legislative Activity

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34 earlier actions
Became Law Latest Action

Became Public Law No: 119-1.

January 29, 2025

View full timeline
SenateIntro Referral

Introduced in Senate

January 6, 2025

SenateCalendars

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

January 6, 2025

SenateCalendars

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 1.

January 7, 2025

SenateFloor

Motion to proceed to consideration of measure made in Senate. (CR S46)

January 8, 2025

SenateFloor

Cloture motion on the motion to proceed to the measure presented in Senate. (CR S46)

January 8, 2025

SenateFloor

Motion to proceed to measure considered in Senate. (CR S70)

January 9, 2025

SenateFloor

Cloture on the motion to proceed to the measure invoked in Senate by Yea-Nay Vote. 84 - 9. Record Vote Number: 1. (CR S73)

January 9, 2025

SenateFloor

Motion to proceed to measure considered in Senate. (CR S83)

January 13, 2025

SenateFloor

Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 82 - 10. Record Vote Number: 2. (CR S87)

January 13, 2025

SenateFloor

Measure laid before Senate by motion.

January 13, 2025

SenateFloor

Considered by Senate. (consideration: CR S130)

January 14, 2025

SenateFloor

Considered by Senate. (consideration: CR S161-182)

January 15, 2025

SenateFloor

Cloture motion on the measure presented in Senate. (CR S182)

January 15, 2025

SenateFloor

Considered by Senate. (consideration: CR S198-218)

January 16, 2025

SenateFloor

Considered by Senate. (consideration: CR S237-241)

January 17, 2025

SenateFloor

Cloture on the measure invoked in Senate by Yea-Nay Vote. 61 - 35. Record Vote Number: 5. (CR S240)

January 17, 2025

SenateFloor

Considered by Senate. (consideration: CR S246-251)

January 20, 2025

SenateFloor

Passed Senate with an amendment by Yea-Nay Vote. 64 - 35. Record Vote Number: 7. (text: CR S250-251)

January 20, 2025

SenateFloor

Message on Senate action sent to the House.

January 21, 2025

HouseFloor

Received in the House.

January 21, 2025 • 2:03 PM

HouseFloor

Held at the desk.

January 21, 2025 • 2:54 PM

HouseFloor

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.

January 21, 2025 • 7:28 PM

HouseFloor

Rule H. Res. 53 passed House.

January 22, 2025 • 2:07 PM

HouseFloor

Considered under the provisions of rule H. Res. 53. (consideration: CR H277-284)

January 22, 2025 • 2:11 PM

HouseFloor

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.

January 22, 2025 • 2:11 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on S. 5.

January 22, 2025 • 2:11 PM

HouseFloor

The previous question was ordered pursuant to the rule.

January 22, 2025 • 3:14 PM

HouseFloor

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.

January 22, 2025 • 3:14 PM

HouseFloor

Considered as unfinished business. (consideration: CR H285-286)

January 22, 2025 • 4:58 PM

SenateFloor

Passed/agreed to in House: On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)

January 22, 2025 • 5:04 PM

HouseFloor

On passage Passed by the Yeas and Nays: 263 - 156 (Roll no. 23). (text: CR H277-278)

January 22, 2025 • 5:04 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

January 22, 2025 • 5:04 PM

President

Presented to President.

January 23, 2025

Became Law

Signed by President.

January 29, 2025

Became Law

Became Public Law No: 119-1.

January 29, 2025

Floor Debate

19 members

What members said about S. 5 on the floor

9 Republicans9 Democrats1 Independent
Edward J. Markey
Sen. Edward J. MarkeyD-MA · Jan 15, 2025

Madam President, we are in a climate emergency. Over just the past few months, powerful hurricanes and severe wildfires have caused nearly one-half of a trillion dollars in estimated damage. The Los…

Jeff Merkley
Sen. Jeff MerkleyD-OR · Jan 16, 2025

Mr. President, I have come to the floor to talk about the impact of the Laken Riley bill upon children here in the United States of America and to suggest that we have a debate over several…

Patty Murray
Sen. Patty MurrayD-WA · Jan 16, 2025

Mr. President, if you believe we should be able to detain and deport undocumented immigrants who have committed serious crimes and you took Republicans at their word that the Laken Riley Act was…

Bernard Sanders
Sen. Bernard SandersI-VT · Jan 15, 2025

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, as we go forward in this new session of Congress, I would hope very much that there will be…

Ron Johnson
Sen. Ron JohnsonR-WI · Jan 16, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I think by now you have seen all kinds of different versions of this depressing chart of total…

Show 8 more
Michael F. Bennet
Sen. Michael F. BennetD-CO · Jan 20, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I would ask unanimous consent of the Presiding Officer to set aside the pending amendment so I…

Josh Hawley
Sen. Josh HawleyR-MO · Jan 14, 2025

Madam President, we are here in the second week of the 119th Congress with enormous work to do. We have a border to secure; we have streets to make safe; we have an economy to resurrect. We have, in…

Tim Kaine
Sen. Tim KaineD-VA · Jan 15, 2025

Mr. President, I join my colleagues on the same topic to talk about the forthcoming debate that we will have about tax policies in this Chamber. Since coming to Congress--really before, when I was a…

Pete Ricketts
Sen. Pete RickettsR-NE · Jan 15, 2025

Mr. President, President Biden's open border policies have created a national security, humanitarian, and drug catastrophe in our country. In 2023, law enforcement encounters at the border found 169…

Tom Cotton
Sen. Tom CottonR-AR · Jan 14, 2025

Madam President, for almost 4 years now, Joe Biden has subjected our country to economic misery, uncontrolled crime, and international humiliation. And now, on the way out of his failed and…

Dan Sullivan
Sen. Dan SullivanR-AK · Jan 16, 2025

Mr. President, it is nearing the end of the week, and normally, that is when I come down to the Senate floor to do my weekly--I try to make it weekly--Alaskan of the Week speech. Now, I know for the…

John Cornyn
Sen. John CornynR-TX · Jan 15, 2025

Madam President, yesterday I came to the floor of the U.S. Senate to talk about the importance of promptly confirming President Trump's Cabinet. The American people having voted for President Trump,…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 9, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, today, our prayers are with the people of Southern California who have been impacted by the…

Show 11 more
Tommy Tuberville
Sen. Tommy TubervilleR-AL · Jan 16, 2025

Mr. President, the last 4 years have been nothing short of a national nightmare. The runup to the nightmare began in 2020. After fending off a ridiculous impeachment attempt in the early months of…

Adam B. Schiff
Sen. Adam B. SchiffD-CA · Jan 16, 2025

Mr. President, I rise today to address the Senate on behalf of the people of California. And I thank my colleague Senator Padilla for his leadership during this time of incredible difficulty and…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 13, 2025

Mr. President, this week, the American people will see for the first time what kind of Trump administration they are going to get in the coming years: one that will fight for working people or one…

John Cornyn
Sen. John CornynR-TX · Jan 16, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, it is 4 days until President Trump will be inaugurated for the second time as President of the…

John Cornyn
Sen. John CornynR-TX · Jan 14, 2025

Madam President, last week, I had a chance to lay out some of my top priorities for the new Congress as Republicans take the helm. Today, I want to elaborate on the first of those priorities, which…

John Hoeven
Sen. John HoevenR-ND · Jan 9, 2025

Mr. President, I rise today, along with my colleague from North Dakota, Senator Kevin Cramer, to honor the 2024 NCAA FCS national champions, the North Dakota State University Bison--and, yes, it is…

Alex Padilla
Sen. Alex PadillaD-CA · Jan 16, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, as you and everybody here knows, a little bit over a week ago, fires broke out in Los Angeles…

Tom Cotton
Sen. Tom CottonR-AR · Jan 15, 2025

Reserving the right to object, which I most certainly do, TikTok isn't just another social media platform, TikTok is a Chinese communist spy app that addicts our kids, harvests their data, targets…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jan 16, 2025

I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, last night, President Biden delivered his farewell address, reflecting on his 4 years in office, which will be…

Tammy Duckworth
Sen. Tammy DuckworthD-IL · Jan 16, 2025

Mr. President, I ask unanimous consent to display a framed item during my remarks. Mr. President, in these serious times, we need a serious candidate to lead our military. We need someone with merit…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jan 16, 2025

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, earlier this week, President Biden went to the State Department and offered a final assessment…

Bill Text

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Enrolled BillPublication date not provided

One Hundred Nineteenth Congress of the United States of America

1st Session

Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty five

S. 5

AN ACT

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.

1.

Short title

This Act may be cited as the Laken Riley Act.

2.

Detention of certain aliens who commit theft

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 , or; 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)

is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person,

;

(2)

by redesignating paragraph (2) as paragraph (4); and

(3)

by inserting after paragraph (1) the following:

(2)

Definition

For purposes of paragraph (1)(E), the terms burglary, theft, larceny, shoplifting, assault of a law enforcement officer, and serious bodily injury have the meanings given such terms in the jurisdiction in which the acts occurred.

(3)

Detainer

The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.

.

3.

Enforcement by attorney general of a State

(a)

Inspection of applicants for admission

Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—

(1)

by redesignating paragraph (3) as paragraph (4); and

(2)

by inserting after paragraph (2) the following:

(3)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that 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. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, 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.

.

(b)

Apprehension and detention of aliens

Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by this Act, is further amended—

(1)

in subsection (e)—

(A)

by striking or release; and

(B)

by striking grant, revocation, or denial and insert revocation or denial; and

(2)

by adding at the end the following:

(f)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or 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 bring an action against the Attorney General or 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. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, 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.

.

(c)

Penalties

Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by adding at the end the following:

(e)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring 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 to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, 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.

.

(d)

Certain classes of aliens

Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—

(1)

by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and

(2)

by adding at the end the following:

(C)

The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that 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. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of 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.

.

(e)

Detention

Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended—

(1)

by striking During the removal period, and inserting the following:

(A)

In general

During the removal period,

; and

(2)

by adding at the end the following:

(B)

Enforcement by attorney general of a State

The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that 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. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of 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.

.

(f)

Limit on injunctive relief

Section 242(f) of the Immigration and Nationality 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).

.

Speaker of the House of Representatives

Vice President of the United States and President of the Senate