Laken Riley Act

The law expands mandatory immigration detention and gives states a faster path to challenge federal enforcement of detention, removal, visa, and parole rules.

What the law does ​

• Requires the Department of Homeland Security to issue detainers and promptly take custody of covered noncitizens not already held by authorities.
• Covers certain inadmissible noncitizens charged with, arrested for, convicted of, or admitting conduct involving specified theft offenses, assault of a law enforcement officer, or crimes causing death or serious bodily injury.
• Uses the law of the jurisdiction where the conduct occurred to define covered offenses and serious bodily injury.
• Allows authorized state officials to sue federal officials over alleged violations of specified immigration detention, removal, bond, visa, and parole requirements.
• Directs federal courts to expedite qualifying state lawsuits and permits court orders requiring compliance.

Who it affects ​

• Certain inadmissible noncitizens accused of specified theft-related or violent conduct.
• State attorneys general and other authorized state officers claiming harm to their states or residents.
• Federal immigration officials responsible for detention, removal, visas, bonds, and parole.

Context ​

States may pursue these cases on an expedited basis when they or their residents meet the law’s harm threshold.

Breakdown ​

Laken Riley Act ​

The Laken Riley Act requires federal immigration authorities to detain certain inadmissible noncitizens who are accused of specified theft-related or violent crimes. It also allows states claiming harm to seek expedited court orders enforcing several federal immigration detention, removal, visa, and parole requirements.

Key takeaways

• The Department of Homeland Security must issue a detainer and promptly take custody of covered noncitizens who are not already held by federal, state, or local authorities.
• The detention requirement covers certain inadmissible noncitizens who are charged with, arrested for, convicted of, or admit conduct involving burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or a crime causing death or serious bodily injury.
• The listed offenses and serious bodily injury are defined under the law of the jurisdiction where the conduct occurred.
• State attorneys general and other authorized state officers may sue federal officials for alleged violations involving immigration detention and removal, release on bond or parole, visa restrictions, and limits on immigration parole.
• A state or its residents qualify as harmed for these lawsuits if they experience harm, including financial harm exceeding $100.
• Federal courts must expedite these state enforcement lawsuits to the greatest extent practicable and may issue appropriate court orders requiring compliance.