.svg) | |
| Long title | To require theSecretary of Homeland Security to take into custody immigrants who have been charged in the United States with theft, and for other purposes. |
|---|---|
| Announced in | the119th United States Congress |
| Number of co-sponsors | 53 |
| Citations | |
| Public law | Pub. L. 119–1 (text)(PDF) |
| Codification | |
| Acts amended | Immigration and Nationality Act of 1952 |
| Titles amended | 8 U.S.C.: Aliens and Nationality |
| U.S.C. sections amended | 8 U.S.C. ch. 12, subch. II § 1182(d)(f) 8 U.S.C. ch. 12, subch. II § 1225(b) 8 U.S.C. ch. 12, subch. II § 1226 8 U.S.C. ch. 12, subch. II § 1226(c) 8 U.S.C. ch. 12, subch. II § 1231(a)(2) 8 U.S.C. ch. 12, subch. II § 1252(f) 8 U.S.C. ch. 12, subch. II § 1253 |
| Legislative history | |
| |
TheLaken Riley Act is aUnited States federal statute that requires the detention, withoutbond, ofnon-citizens[1] who are arrested for, charged with, or admit to committing certain crimes, including theft, burglary, larceny, shoplifting, assault on a law enforcement officer, or any crime resulting in death or serious bodily injury, such asdrunk driving.[2][3] The Act also allows states to sue theDepartment of Homeland Security for alleged failures in immigration enforcement.
The bill was introduced following themurder of Laken Riley by an illegal immigrant who had previously been cited for theft on the campus of theUniversity of Georgia inAthens, Georgia.[4] On January 22, 2025, the House agreed to the Senate's version of the bill with a 263–156 vote.[5] PresidentDonald Trump signed the bill into law on January 29, 2025.[6]
On February 22, 2024, Georgia resident Laken Riley was murdered by José Antonio Ibarra, a Venezuelan man who had entered the United States illegally in September 2022, crossing the United States' southern border with Mexico nearEl Paso, Texas.[7] Before the murder, Ibarra had been charged with "acting in a manner to injure a child less than 17 and a motor vehicle license violation" inNew York City[8] and arrested on charges of theft inAthens, Georgia.[9]
The murder gained attention from both politicians and the media because Ibarra entered the United States illegally and was allowed to stay to pursue his immigration case.Immigration and Customs Enforcement stated that it had issued a detainer for Ibarra after he was arrested in New York City. However, local officials released him before he could be taken into custody.[10][4][11]
The act requires that theDepartment of Homeland Security, throughImmigration and Customs Enforcement, detain certain non-citizen aliens without bail during their immigration proceedings.
Previously, theIllegal Immigration Reform and Immigrant Responsibility Act of 1996required that aliens who had committed certain crimes (e.g., aggravated felonies, drug and firearm violations, or human trafficking) be detained without bail while their immigration proceedings were pending.[12]
The act expands this requirement to apply to any alien who "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."
The act also allows states to take legal action against the federal government if they determine it is in "violation of the detention and removal requirements" of the act.[13]
The amended version, which passed the Senate on January 20, includes the Cornyn Amendment, which provides for detaining aliens who are charged with or convicted of assaulting a law enforcement officer, and the Ernst Amendment (nicknamed "Sarah's Law"), which includes detaining aliens who are charged with or convicted of a crime that results in death or serious bodily injury likemanslaughter resulting fromdriving under the influence.[14][15]
| Congress | Short title | Bill numbers | Date introduced | Sponsors | # of cosponsors | Latest status |
|---|---|---|---|---|---|---|
| 118th Congress | Laken Riley Act | H.R. 7511 | March 1, 2024 | Mike Collins (R–GA) | 78 | Passed House |
| 119th Congress | H.R. 29 | January 3, 2025 | 54 | |||
| S. 5 | January 6, 2025 | Katie Britt (R–AL) | 53 | Signed into law |
The bill was initially introduced in the House of Representatives in the 118th Congress and was named in honor of Laken Riley. It passed the House on March 7, 2024, by a vote of 251–170, with 37 Democrats (out of 213 total or 17% of Democrats) and all Republicans voting in favor of the bill.[11] The bill stalled amidst opposition in the then Democratic-controlled Senate of the 118th Congress. The bill was reintroduced in the House of Representatives as H.R. 29 and in the Senate as S. 5 (the two bills shared the same text and title). H.R. 29 passed the House by a vote of 264–159 on January 7, 2025, as the first bill passed in the 119th Congress. All Republicans and 48 Democrats (out of 212 total or 23% of Democrats) voted in favor of passage.[4] Seven Democrats who had voted against the bill in the 118th Congress voted in favor in the 119th.[16]
On January 8, Senate Majority LeaderJohn Thune moved to proceed to the consideration of the Laken Riley Act. The next day, the Senate voted tolimit debate on the motion to proceed, by a vote of 84–9, and on January 13, approved it by a vote of 82–10.[17][18] On January 17, following a long debate stage that spanned multiple days, the Senate invokedcloture on the bill by a vote of 61–35, with 10 Democrats (out of 45 total or 22%) voting in favor alongside all Republicans present.[19]
The Senate passed the amended bill version by a vote of 64–35 on January 20, with twelve Democrats (27% of Democrats) joining all Republicans.[20] The Senate made two amendments to their version, one of which includes detaining unauthorized immigrants who are charged with or convicted of assaulting a police officer and another which provides for detaining unauthorized immigrants who are charged with or convicted of a crime that results in death or serious bodily injury likedrunk driving.[2][3] The House concurred in the Senate version on January 22, with 46 Democrats joining all Republicans.[5] PresidentDonald Trump signed the bill into law on January 29, 2025.[6]
TheFederation for American Immigration Reform and theAssociation of Mature American Citizens supported the bill.[21][22] Laken Riley's mother, Allyson Phillips, stated that she was grateful the law was passed.[23]
TheAmerican Immigration Council, theAmerican Civil Liberties Union, theCenter for Constitutional Rights, theLeague of Women Voters, theNAACP Legal Defense and Educational Fund, theJewish Council for Public Affairs, theNational Education Association, theNational Organization for Women, theSouthern Poverty Law Center, theUnited Steelworkers, theUnited Church of Christ, theNational Association of Social Workers, theNational Council of Churches, theCoalition of Black Trade Unionists, theCenter for Law and Social Policy, and theLeadership Conference on Civil and Human Rights all opposed the bill.[24][25][26]
Critics of the bill expressed concern that it required the deportation of non-citizens who were charged, as opposed to actually convicted, of a crime.[27]
authorities arrested on murder and assault charges Jose Ibarra, a Venezuelan man who entered the U.S. illegally and was allowed to stay to pursue his immigration case.
