WHAT THE LAW DOINCongress, in plain words

H.R. 29 · 119th Congress

Laken Riley Act

Passed HouseImmigration
IntroducedJan 3, 2025
Passed HouseJan 7, 2025
Passed SenateNot yet
To PresidentNot yet
Became lawNot yet

Where it stands

Passed House. Latest step, Feb 10, 2025: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 10. The House passed it 264–159. From Iowa: Randy Feenstra, Ashley Hinson and Zachary Nunn cosponsor it. All 4 of Iowa's representatives voted yes in the House. It would change 6 sections of existing law.

How this bill changes the law

Sourced

H.R. 29 would change 6 sections of existing law. Read from the bill text as placed on the Senate calendar (Feb 10, 2025).

8 U.S.C. 1226 Apprehension and detention of aliens

  • (c) Detention of criminal aliens added to · Sec. 2(1), Sec. 2(2), Sec. 2(3) · see the words

8 U.S.C. 1225 Inspection by immigration officers; expedited removal of inadmissible arriving aliens; referral for hearing

  • (b) Inspection of applicants for admission added to · Sec. 3(a) · see the words

8 U.S.C. 1253 Penalties related to removal

8 U.S.C. 1182 Inadmissible aliens

  • (d) Temporary admission of nonimmigrants added to · Sec. 3(d) · see the words

8 U.S.C. 1231 Detention and removal of aliens ordered removed

  • (a) Detention, release, and removal of aliens ordered removed added to · Sec. 3(e) · see the words

8 U.S.C. 1252 Judicial review of orders of removal

  • (f) Limit on injunctive relief changed · Sec. 3(f) · see the words
What the words would change: every change, in place (13)

Today's wording of each part of the law, with what would be struck out and added. Each change also gives the bill's own instruction, word for word.

  1. 8 U.S.C. 1226(c)(1)(C)changedby H.R. 29 Sec. 2(1)

    (C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an offense for which the alien has been sentence 1 to a term of imprisonment of at least 1 year, or

    The bill says: in subparagraph (C), by striking "or";

  2. 8 U.S.C. 1226(c)(1)(D)changedby H.R. 29 Sec. 2(1)

    The bill says: in subparagraph (D), by striking the comma at the end and inserting ", or"; and

  3. 8 U.S.C. 1226(c)(1)added (E)by H.R. 29 Sec. 2(1)

    (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, or shoplifting offense,

    The bill says: by inserting after subparagraph (D) the following:

  4. 8 U.S.C. 1226(c)renumberedby H.R. 29 Sec. 2(2)

    The bill says: by redesignating paragraph (2) as paragraph (4); and

  5. 8 U.S.C. 1226(c)added (2)by H.R. 29 Sec. 2(3)

    (2) Definition.— For purposes of paragraph (1)(E), the terms "burglary", "theft", "larceny", and "shoplifting" have the meaning given such terms in the jurisdiction where 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.

    The bill says: by inserting after paragraph (1) the following:

  6. 8 U.S.C. 1225(b)renumberedby H.R. 29 Sec. 3(a)

    The bill says: by redesignating paragraph (3) as paragraph (4); and

  7. 8 U.S.C. 1225(b)added (3)by H.R. 29 Sec. 3(a)

    (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 paragraphs (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.

    The bill says: by inserting after paragraph (2) the following:

  8. 8 U.S.C. 1253added (e)by H.R. 29 Sec. 3(c)

    (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.

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

  9. 8 U.S.C. 1182(d)(5)changedby H.R. 29 Sec. 3(d)

    (5)(A) The Attorney GeneralSecretary of Homeland Security may, except as provided in subparagraph (B) or in section 1184(f) of this title, in his discretion parole into the United States temporarily under such conditions as he may prescribe only on a case-by-case basis for urgent humanitarian reasons or significant public benefit any alien applying for admission to the United States, but such parole of such alien shall not be regarded as an admission of the alien and when the purposes of such parole shall, in the opinion of the Attorney GeneralSecretary of Homeland Security, have been served the alien shall forthwith return or be returned to the custody from which he was paroled and thereafter his case shall continue to be dealt with in the same manner as that of any other applicant for admission to the United States. (B) The Attorney GeneralSecretary of Homeland Security may not parole into the United States an alien who is a refugee unless the Attorney GeneralSecretary of Homeland Security determines that compelling reasons in the public interest with respect to that particular alien require that the alien be paroled into the United States rather than be admitted as a refugee under section 1157 of this title.

    The bill says: by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security"; and

  10. 8 U.S.C. 1182(d)(5)added (C)by H.R. 29 Sec. 3(d)

    (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.

    The bill says: by adding at the end the following:

  11. 8 U.S.C. 1231(a)(2)changedby H.R. 29 Sec. 3(e)

    (2) Detention. During the removal period,(A) In general.— During the removal period, the Attorney General shall detain the alien. Under no circumstance during the removal period shall the Attorney General release an alien who has been found inadmissible under section 1182(a)(2) or 1182(a)(3)(B) of this title or deportable under section 1227(a)(2) or 1227(a)(4)(B) of this title.

    The bill says: by striking "During the removal period," and inserting the following:

  12. 8 U.S.C. 1231(a)(2)added (B)by H.R. 29 Sec. 3(e)

    (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.

    The bill says: by adding at the end the following:

  13. 8 U.S.C. 1252(f)changedby H.R. 29 Sec. 3(f)

    The bill says: Section 242(f) of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end following:

From the bill's official text on GovInfo and the U.S. Code, 2024 edition, which may not yet show changes made since.

What it does

Sourced

Laken Riley Act

This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.

Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a

• decision to release a non-U.S. national from custody;

• failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;

• failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;

• violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or

• failure to detain an individual who has been ordered removed from the United States.

Official summary by the Congressional Research Service (Introduced in House, Jan 3, 2025).

Our plain-language breakdown, with what it means for you and the case for and against, is written once a bill starts to move.

What has happened

Sourced
  1. Jan 7, 2025Passed/agreed to in House: On passage Passed by the Yeas and Nays: 264 - 159 (Roll no. 6). (text: CR H53-54) Roll call recordLibrary of Congress
  2. Jan 3, 2025Introduced in HouseLibrary of Congress

Show all 14 recorded actions

Recorded votes

Sourced
  1. Jan 7, 2025 · HousePassed 264–159
    On Passage · needed a majority
    R 216 yes, 0 noD 48 yes, 159 noEach member · Record

Cosponsors

From Iowa

Everyone else (51)

  • Robert B. Aderholt R-AL-4
  • Rick W. Allen R-GA-12
  • Brian Babin R-TX-36
  • Andy Barr R-KY-6
  • Mike Bost R-IL-12
  • Robert P. Bresnahan, Jr. R-PA-8
  • Vern Buchanan R-FL-16
  • Earl L. "Buddy" Carter R-GA-1
  • Juan Ciscomani R-AZ-6
  • Ben Cline R-VA-6
  • Andrew S. Clyde R-GA-9
  • Dan Crenshaw R-TX-2
Show 39 more cosponsors
  • Henry Cuellar D-TX-28
  • Troy Downing R-MT-2
  • Mike Ezell R-MS-4
  • Brad Finstad R-MN-1
  • Michelle Fischbach R-MN-7
  • Scott Fitzgerald R-WI-5
  • Brandon Gill R-TX-26
  • Rep. Mark E. Green R-TN-7
  • Rep. Marjorie Taylor Greene R-GA-14
  • Diana Harshbarger R-TN-1
  • Erin Houchin R-IN-9
  • Wesley Hunt R-TX-38
  • Brian Jack R-GA-3
  • Dusty Johnson R-SD-At Large
  • John Joyce R-PA-13
  • David Kustoff R-TN-8
  • Nicholas A. Langworthy R-NY-23
  • Barry Loudermilk R-GA-11
  • Anna Paulina Luna R-FL-13
  • Nancy Mace R-SC-1
  • Nicole Malliotakis R-NY-11
  • Michael T. McCaul R-TX-10
  • Tom McClintock R-CA-5
  • Richard McCormick R-GA-7
  • John J. McGuire III R-VA-5
  • Mark B. Messmer R-IN-8
  • Mary E. Miller R-IL-15
  • Riley M. Moore R-WV-2
  • Troy E. Nehls R-TX-22
  • Andrew Ogles R-TN-5
  • Burgess Owens R-UT-4
  • John W. Rose R-TN-6
  • Derek Schmidt R-KS-2
  • Austin Scott R-GA-8
  • Pete Sessions R-TX-17
  • Pete Stauber R-MN-8
  • Claudia Tenney R-NY-24
  • Jefferson Van Drew R-NJ-2
  • Randy K. Weber, Sr. R-TX-14