
Laken Riley Act
Legislation co-led by Fetterman and Britt addressing border security and crimes.
First Mentioned
3/19/2026, 5:39:51 AM
Last Updated
3/19/2026, 5:57:55 AM
Research Retrieved
3/19/2026, 5:57:55 AM
Summary
The Laken Riley Act (S.5) is a United States federal statute signed into law by President Donald Trump on January 29, 2025. The legislation mandates the detention of non-citizens who are arrested for, charged with, or admit to committing specific crimes, including theft, burglary, larceny, shoplifting, and assault on law enforcement officers. It was introduced in response to the murder of Laken Riley, a Georgia nursing student, by an undocumented immigrant who had a prior record of shoplifting. Beyond detention requirements, the Act empowers state attorneys general to sue the Department of Homeland Security (DHS) for alleged failures in immigration enforcement, specifically regarding parole and detention requirements, provided the state can demonstrate financial harm of at least $100. While the bill saw bipartisan support from figures like Senators John Fetterman and Katie Britt, it has faced criticism from immigration advocacy groups and concerns from ICE regarding the feasibility of implementation under current budgetary constraints.
Referenced in 1 Document
Research Data
Extracted Attributes
Status
Enacted
Country
United States
Signatory
Donald Trump
Bill Number
S.5
Enactment Date
2025-01-29
House Vote Count
263-156
ICE Detention Capacity
41,500 people (current funding limit)
Legal Authority Amended
Immigration and Nationality Act (INA) sections 212(d)(5) and 235
Minimum Financial Harm for State Standing
$100
Timeline
- Murder of Laken Riley in Athens, Georgia, which served as the catalyst for the legislation. (Source: NPR)
2024-02-22
- The U.S. House of Representatives agrees to the Senate's version of the bill with a 263-156 vote. (Source: Wikipedia)
2025-01-22
- National Immigration Project releases a community FAQ highlighting that ICE considers the bill impossible to carry out with its current budget. (Source: National Immigration Project)
2025-01-24
- President Donald Trump signs the Laken Riley Act into law during a ceremony at the White House, Washington, D.C. (Source: DHS.gov)
2025-01-29
Wikipedia
View on WikipediaLaken Riley Act
The Laken Riley Act is a United States federal statute that requires the detention, without bond, of non-citizens who are arrested for, charged with, or admit to committing certain crimes, including theft, burglary, larceny, shoplifting, assault on a law enforcement officer, or any crime resulting in death or serious bodily injury, such as drunk driving. The Act also allows states to sue the Department of Homeland Security for alleged failures in immigration enforcement against United States v. Texas (2023). The bill was introduced following the murder of Laken Riley by an illegal immigrant who had previously been cited for shoplifting on the campus of the University of Georgia in Athens, Georgia. On January 22, 2025, the House agreed to the Senate's version of the bill with a 263–156 vote. President Donald Trump signed the bill into law on January 29, 2025.
Web Search Results
- Congress Passes Laken Riley Act | Phillips Lytle LLP
Section 3(d) of the Laken Riley Act amends INA §212(d)(5), which grants DHS a broad, discretionary authority to “parole into the United States temporarily…on a case-by-case basis for urgent humanitarian reasons or significant public benefit…”. The Laken Riley Act adds to this statutory section a provision allowing state officials to sue DHS for failing to grant parole on a case-by-case basis for humanitarian reasons or significant public benefit, if such failure harms the state or its residents, including financial harm of over $100. [...] Section 3(a) of the Laken Riley Act amends section 235 of the INA, the section authorizing the use of expedited removal, to note that states’ attorneys general or other authorized state officers have standing to sue the Secretary of Homeland Security for injunctive relief in the event that they allege “a violation of the detention and removal requirements” in INA §235(b)(1) or (2). In order to sue under this provision, the state official must demonstrate that DHS’ failure to enforce the foregoing provisions has resulted in harm to the state or its residents, including financial harm of $100 or more. [...] On January 22, 2025, the Laken Riley Act (S.5) was passed by the House and was sent to President Donald Trump to be signed into law. The Act contains three controversial immigration provisions. The first requires the detention of foreign nationals accused of certain crimes. The second provision grants state officials standing to bring lawsuits against the Secretary of Homeland Security for injunctive relief if the Department of Homeland Security (DHS) fails to detain and remove from the United States individuals who are subject to expedited removal. The third provision grants state officials standing to bring lawsuits against the Secretary of Homeland Security for injunctive relief if the DHS authorizes humanitarian parole to a group of foreign nationals as a class and, in so doing,
- [PDF] LAKEN RILEY ACT - National Immigration Project
enforcement officer • Any crime that results in death or serious bodily injury to another person The Laken Riley Act does not apply to people in “expedited removal” – which is a fast-tracked deportation process in which low-level immigration officers are able to quickly deport people without giving them a hearing in front of an immigration judge. It only applies to people in regular removal proceedings – which involve a full hearing in front of an immigration judge where the person can present their evidence and legal arguments to prevent their deportation. People who have already lost their immigration case and have a deportation order are not covered by the Laken Riley Act; instead their detention and removal is authorized by an existing law. This law also does not apply to: • people [...] Under the Laken Riley Act, some people will be forced to remain in detention for their entire immigration case because of bare accusations. If an undocumented immigrant is arrested for any of the crimes under the Act, they are at risk of remaining detained throughout their immigration case, even if the allegations against them are completely false. This will result in more racial profiling and exploitation. Because of how broad the law is, it is no surprise that U.S. Immigration and Customs Enforcement (ICE), the main immigration agency that will implement this law, has said that the bill is “impossible” to carry out with ICE’s current budget. Currently, ICE has been funded by Congress to detain up to 41,500 people. ICE 3 January 24, 2025 National Immigration Project Community FAQ: Laken [...] hearing” in immigration court in which they can try to convince the immigration judge that they should be released while their immigration case is pending.
- Five Things to Know about the Laken Riley Act - NILC
fbpx # Five Things to Know about the Laken Riley Act Jan 6, 2025 The Laken Riley Act exploits personal tragedy to fuel anti-immigrant rhetoric and undermines constitutional protections without improving public safety. Haga Clic para la Versión en Español. #### The Politics of Scapegoating Threaten Constitutional Protections The Laken Riley Act is a manifestation of cynical politics. The majority is manipulating a personal tragedy to scapegoat immigrants. In reality, there is no correlation between immigration status and criminality. This bill is not a public safety measure, but rather an attack on established constitutional protections that would do nothing to keep communities safe if enacted into law. #### 5 things to know about the Laken Riley Act: [...] #### 5 things to know about the Laken Riley Act: #### ICE Wants to Stash People in Amazon-style Warehouses Isobel Mohyeddin Mar 10, 2026 Acting ICE Director Todd Lyons said he wanted to see an immigration detention system that runs “like Prime, but for human beings.” #### NILC Statement on the Release of Antonio Yesayahu Gámez-Cuéllar from ICE Detention Mar 9, 2026 McAllen, Texas— Efrén C. Olivares, vice president of litigation and legal strategy at the National Immigration Law Center, issued the following statement after the release of Antonio Yesayahu Gámez-Cuéllar, an 18-year-old high school... #### NILC Statement on Trump’s Firing of DHS Secretary Kristi Noem [...] Mar 5, 2026 WASHINGTON — Kica Matos, president of the National Immigration Law Center, issued the following statement after President Trump announced he will replace Department of Homeland Security Sec. Kristi Noem with Sen. Markwayne Mullin:... #### Benefits for Immigrant Survivors of Trafficking, Domestic Violence, and Other Serious Crimes in California Mar 2, 2026 This resource reviews the two categories of immigrants covered by California's SB 1569 (trafficking survivors and U visa applicants/holders), the benefits they may receive, and what they need to show in order to get these benefits. Originally... ## Get Updates ©NILC Disclaimer Privacy Policy Site made with by Creatives with a Conscience
- President Trump Signs the Laken Riley Act into Law
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- Trump signs Laken Riley Act, expanding federal immigration ... - NPR
The bill is named for a Georgia nursing student who was killed last year by a Venezuelan man in the U.S. without legal status. Her death became a rallying cry for Republicans who criticized the Biden administration's approach to border security. The man, José Ibarra, was later sentenced to life in prison without parole. He had previously been charged with shoplifting in New York; Republicans argue this law would have enabled his deportation earlier and would have prevented Riley's murder. Riley's parents and sister were at the White House for the signing. Riley's mother Allyson Phillips spoke briefly, thanking lawmakers and the president for pushing the bill in her daughter's name over the finish line. [...] The measure directs federal immigration enforcement to detain and deport those without legal status charged with minor theft or shoplifting, assault of a law enforcement officer or crimes resulting in death or serious bodily injury of another person. Several criminal offenses could already be grounds for deportation — and indeed Karoline Leavitt, the White House press secretary, said Tuesday that those who had broken the law by entering the country illegally had already committed a crime. Critics of the measure argue the act skips the current practice of waiting until someone is convicted before considering the removal process. [...] NPR logo NPR Music NPR Music ### Politics # Trump signs first bill of his second presidency, the Laken Riley Act, into law Headshot of Ximena Bustillo Ximena Bustillo President Trump signs the Laken Riley Act in the East Room of the White House on Jan. 29. President Trump signs the Laken Riley Act in the East Room of the White House on Jan. 29. Pedro Ugarte/AFP via Getty Images hide caption President Trump signed the Laken Riley Act into law on Wednesday, expanding the scope of those who can be arrested, detained and deported by federal immigration officers.
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