H.R. 29 — Laken Riley Act

This section expands mandatory detention without bond under INA §236(c) (i.e., required custody pending removal proceedings for certain criminal and other aliens) by adding a new category of aliens who (1) are inadmissible under INA §212(a)(6)(A) (present without admission), (6)(C) (false claim to citizenship), or (7) (documentation requirements) and (2) are charged with, arrested for, convicted of, admits having committed, or admits committing burglary, theft, larceny, or shoplifting. It further (1) defines those offenses by the law of the jurisdiction where committed; (2) requires DHS to issue a detainer for such aliens and, if not otherwise detained, to take custody effectively and expeditiously; and (3) redesignates the existing witness-protection release exception as paragraph (4).

This section authorizes the attorney general of a state, or other authorized state officer, to bring suit in federal district court against specified federal officials—including the Secretary of Homeland Security, Attorney General, or Secretary of State—for violations of certain Immigration and Nationality Act (INA) provisions on alien detention, removal, parole, bond, and visa restrictions that harm the state or its residents, including financial harm exceeding $100, seeking expedited injunctive relief. It does so by amending INA provisions as follows: (1) §235(b) (expedited removal), adding enforcement for detention and removal requirements; (2) §236 (apprehension and detention), eliminating references to alien release, limiting review to revocation or denial of bond, and adding enforcement for releases, bond, or parole; (3) §243 (penalties for failure to depart), adding enforcement for visa restrictions on certain countries; (4) §212(d)(5) (parole authority), replacing "Attorney General" with "Secretary of Homeland Security" and adding enforcement for parole limitations to case-by-case grants for urgent humanitarian reasons or significant public benefit; and (5) §241(a)(2) (detention during removal period), adding enforcement for the detention requirement. This section further amends INA §242(f) to exempt such state actions from limits on injunctive relief. (Thus, states gain a low-threshold private right of action to enforce federal immigration enforcement mandates.)