S. 5 — Laken Riley Act

This section expands INA sec. 236(c)(1) (8 U.S.C. 1226(c)(1)), which requires DHS to detain without bond certain criminal and terrorist aliens pending a removal decision (with limited witness-protection exceptions), by adding a new category of aliens subject to mandatory custody: those inadmissible under INA sec. 212(a)(6)(A) (fraud/misrepresentation), (6)(C) (false claim to citizenship), or (7) (documentation requirements) who are charged with, arrested for, convicted of, admit having committed, or admit acts constituting burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime resulting in death or serious bodily injury. The section (1) defines those offenses using the law of the jurisdiction where the acts occurred; (2) requires DHS to issue a detainer for such aliens; and (3) directs DHS to expeditiously take custody of them if not otherwise detained by federal, state, or local officials. (Thus, these aliens must be detained upon release from any criminal custody, regardless of parole, supervised release, or probation.)

This section grants the attorney general of a state, or other authorized state officer, standing to bring civil actions in U.S. district court against the Secretary of Homeland Security, Secretary of State, or Attorney General for alleged violations of specified Immigration and Nationality Act requirements on alien detention, removal, release, bond, parole, and visa restrictions that harm the state or its residents—including financial harm exceeding $100—to obtain injunctive relief, with such actions advanced on the docket and expedited. Specifically, the section: (1) amends INA §235(b) (expedited removal) by adding a new paragraph (3) authorizing such enforcement actions regarding detention and removal requirements; (2) amends INA §236 (apprehension and detention pending removal decision) by striking "or release" from subsection (e), striking "grant" from a phrase on bond decisions, and adding subsection (f) authorizing enforcement actions regarding releases, bond, or parole; (3) amends INA §243 (penalties for failure to remove) by adding subsection (e) authorizing enforcement actions regarding visa restrictions on nationals of noncooperating countries; (4) amends INA §212(d)(5) (parole authority) by replacing references to the Attorney General with the Secretary of Homeland Security and adding subparagraph (C) authorizing enforcement actions regarding case-by-case parole limitations for urgent humanitarian reasons or significant public benefit; (5) amends INA §241(a)(2) (detention during post-removal period) by adding subparagraph (B) authorizing enforcement actions regarding the detention requirement; and (6) amends INA §242(f) (limits on injunctive relief against removal orders) by adding paragraph (3) excluding these state enforcement actions from such limits. (Thus, states alleging minimal financial harm from federal immigration enforcement decisions may seek expedited federal court injunctions.)