Laken Riley Act (S. 5)

This bill Became Law
Bill Summary

S. 5 is named after a nursing student allegedly murdered by an unauthorized immigrant while jogging in Georgia. The bill requires the Department of Homeland Security (DHS) to detain all unauthorized immigrants charged with theft-related crimes. The DHS Secretary must issue a detainer to take custody of the unauthorized immigrants. In addition, the bill lets authorized state-level officers, like the state Attorney General, file civil actions against DHS if it fails to comply with detention requirements or provide compensation to affected parties like the states. Finally, such cases would be expedited to federal courts. Sponsor: Senator Katie Boyd Britt (Republican, Arkansas)
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Opponents say

•      "If all the bill [the Laken Riley Act] did was mandate the deportation of migrants convicted of petty theft, it would make sense for many Democrats to back it, if only because there’s so little political upside in defending the rights of undocumented shoplifters. But the bill goes much further than that. It mandates federal detention without bail for migrants who are merely arrested for any theft-related crimes, with no provision to free them if the charges are later dropped... The bill applies to many immigrants who are authorized to be here, including Dreamers and those with temporary protected status. And the legislation contains no exemption for minors. As Ilya Somin, a law professor at George Mason University, told me, the Laken Riley Act could mandate the indefinite detention of a juvenile child of asylum-seekers arrested for swiping a candy bar, even if he or she didn’t do it." Source: Michelle Goldberg, columnist at The New York Times


Proponents say

•      "This bipartisan, bicameral legislation will save lives, and it will help prevent another American family from feeling the pain Laken Riley’s loved ones feel every day," said Senator Britt. "I appreciate my colleagues on both sides of the aisle who came together to protect our communities. With today’s strong vote, we are in the final sprint to getting the Laken Riley Act across the finish line, honoring her legacy and making America safer." Source: Senator Katie Boyd Britt (Republican, Arkansas)