LAKEN RILEY ACT

LAKEN RILEY ACT

Congressional Record, Volume 171 Issue 3 (Tuesday, January 7, 2025) [Congressional Record Volume 171, Number 3 (Tuesday, January 7, 2025)] [House] [Pages H53-H61] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] LAKEN RILEY ACT Mr. McCLINTOCK. Mr. Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 29) to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, and ask for its immediate consideration in the House. The Clerk read the title of the bill. The SPEAKER pro tempore (Mr. Rulli). Pursuant to House Resolution 5, the bill is considered read. The text of the bill is as follows: H.R. 29 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Laken Riley Act''. SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT THEFT. Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``or''; (B) in subparagraph (D), by striking the comma at the end and inserting ``, or''; and (C) by inserting after subparagraph (D) the following: ``(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,''; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following: ``(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.''. SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE. (a) Inspection of Applicants for Admission.--Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(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.''. (b) Apprehension and Detention of Aliens.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by this Act, is further amended-- (1) in subsection (e)-- (A) by striking ``or release''; and (B) by striking ``grant, revocation, or denial'' and insert ``revocation or denial''; and (2) by adding at the end the following: ``(f) Enforcement by Attorney General of a State.--The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or 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 [[Page H54]] 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.''. (c) Penalties.--Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by adding at the end the following: ``(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.''. (d) Certain Classes of Aliens.--Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended-- (1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following: ``(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.''. (e) Detention.--Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended-- (1) by striking ``During the removal period,'' and inserting the following: ``(A) In general.--During the removal period,''; and (2) by adding at the end the following: ``(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.''. (f) Limit on Injunctive Relief.--Section 242(f) of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end following: ``(3) Certain actions.--Paragraph (1) shall not apply to an action brought pursuant to section 235(b)(3), subsections (e) or (f) of section 236, or section 241(a)(2)(B).''. The SPEAKER pro tempore. The bill shall be debatable for 1 hour, equally divided and controlled by the majority leader and the minority leader, or their respective designees. The gentleman from California (Mr. McClintock) and the gentleman from Maryland (Mr. Raskin) each will control 30 minutes. The Chair recognizes the gentleman from California (Mr. McClintock). General Leave Mr. McCLINTOCK. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 29. The SPEAKER pro tempore. Is there objection to the request of the gentleman from California? There was no objection. Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, the brutal murder of Laken Riley was foreordained the day Joe Biden took office and reversed the successful Trump policies that had finally secured our borders. Since that day just 4 years ago, more than 7.8 million illegal aliens have been deliberately allowed into our country--a population the size of the State of Washington, our 13th largest State. Very little is done to vet these millions of illegal migrants. We don't know how many terrorists and violent criminals are among them, and worse, the Democrats don't seem to care. We know that the number of terrorists we are apprehending has skyrocketed and that violent international crime cartels and violent foreign gangs are now operating freely in our communities, often protected from deportation and detention by the Democrats' sanctuary laws. One of these criminals has now been convicted of the brutal murder of Laken Riley. How many such monsters have the Democrats deliberately allowed into our country we do not know, but we are slowly, painfully, and tragically finding out victim by victim. In this case, the murderer was paroled into this country through a shoc

Referenced legislation: HRES5, HRES5, HR29