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.
Passed the U.S. House of Representatives on January 7, 2025 ([2])
The Laken Riley Act is a proposed United States law which would require the Department of Homeland Security to detain illegal immigrants charged or convicted of theft-related crimes.[1] The Act would also allow states to sue the Department of Homeland Security for alleged failures in immigration enforcement. The bill was introduced following the murder of Laken Riley by an illegal migrant in Georgia who had previously been cited for shoplifting.[2]
In the House, the bill had some bipartisan support, with all voting Republicans and 48 Democrats voting for passage of the bill.[3] In the Senate, all Republican Senators and a majority of Democratic Senators voted to advance debate on the bill, preventing a filibuster.[4]
In February 2024, Georgia resident Laken Riley was killed by José Antonio Ibarra, who had entered the United States illegally in 2022.[10] Prior to the murder, Ibara had been charged with "acting in a manner to injure a child less than 17 and a motor vehicle license violation" in New York City,[11] and arrested on charges of theft in Athens, Georgia.[12]
The murder gained attention from both politicians and the media, largely as an example of migrant crime in the U.S. The bill was introduced in the 118th Congress and passed the House, but stalled in the Senate.[13]
Provisions
The bill would primarily allow for two things. It first requires that the Department of Homeland Security, through Immigration and Customs Enforcement, detain non-U.S. nationals who "[are] charged with, [are] arrested for, [are] convicted of, [admit to] having committed, or [admit to] committing" theft-related crimes.[1]
The bill also allows states to take action against the federal government if they determine it is in "violation of the detention and removal requirements" of the bill.[1]
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