US Federal 2025-2026 Regular Session

US Federal House Bill HB29

Introduced
1/3/25  
Refer
1/3/25  

Caption

Laken Riley ActThis bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. The bill also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.Under this bill, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.The bill also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over adecision to release a non-U.S. national from custody;failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; orfailure to detain an individual who has been ordered removed from the United States.

Impact

This legislation significantly impacts immigration law by altering the standards for the detention of certain non-citizens. It broadens the categories of individuals who can be detained, specifically targeting those accused of property crimes. Additionally, by granting states the ability to pursue legal actions against the federal government regarding immigration enforcement, it may shift some enforcement responsibilities and risks associated with illegal immigration governance back to the state level, creating a dual enforcement approach.

Summary

House Bill 29, known as the 'Laken Riley Act', mandates the Department of Homeland Security (DHS) to detain non-U.S. nationals arrested for crimes like burglary, theft, larceny, or shoplifting. The bill specifies that individuals who are unlawfully present in the U.S. or lack proper documentation and have been charged with these offenses must be detained by DHS. Furthermore, the bill includes provisions for states to sue the federal government regarding immigration enforcement failures or decisions compromising state interests, especially financial aspects exceeding $100.

Sentiment

Discussions around HB 29 have shown a mix of support and opposition, with supporters claiming it strengthens local law enforcement and holds non-citizens accountable for crimes. Conversely, opponents argue that the bill could lead to racial profiling and overreach by federal authorities in enforcing immigration laws. The sentiment reflects deep divisions in attitudes towards immigration policy, balancing security interests against civil liberties.

Contention

Notable points of contention include concerns about the implications of increasing state power over immigration enforcement and the potential for unconstitutional detentions. Critics fear that it may further exacerbate tensions related to immigration policies and could create confusion in law enforcement between state and federal responsibilities. The proposed ability for state attorney generals to sue also raises legal questions about the separation of powers and federalism.

Companion Bills

US HR5

Related bill This resolution establishes rules for the House of Representatives for the 119th Congress.The resolution adopts the rules from the 118th Congress with specified changes, includingproviding that a resolution vacating the Office of Speaker is only privileged (takes precedence over all matters other than motions to adjourn) if it is offered by a sponsor of the majority party joined by eight cosponsors from the majority party; providing that the Speaker may only entertain a motion to suspend the rules on Mondays, Tuesdays, and Wednesdays; prohibiting waiver (by rule or by order) of the germaneness rule (which requires amendments to be of the same subject matter as the measure under consideration); and prohibiting consideration of measures that exceed a specified long-term budget impact according to the Congressional Budget Office.Additional changes includeauthorizing the use of electronic voting within a committee;authorizing remote appearances by non-executive branch witnesses and their counsel in committee proceedings; eliminating the House Office of Diversity and Inclusion; eliminating certain collective bargaining rights for employees of the House of Representatives; reauthorizing the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party; reauthorizing the Tom Lantos Human Rights Commission; and reauthorizing the House Democracy Assistance Commission (an entity that advises democratic parliaments in other countries) and renaming it the House Democracy Partnership. The resolution provides for the consideration of H.R. 21, H.R. 22, H.R. 23, H.R. 26, H.R. 27, H.R. 28, H.R. 29, H.R. 30, H.R. 31, H.R. 32, H.R. 33, and H.R. 35.

US SB5

Related bill Laken Riley Act

Previously Filed As

US SB149

Public Safety First ActThis bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. Specifically, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

US HB578

Sarah's LawThis bill requires the Department of Justice or the Department of Homeland Security (DHS) to detain a non-U.S. national (alien under federal law) who is unlawfully present in the United States and has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of a crime that resulted in the death or serious bodily injury of another person.DHS must obtain information about the identity of any victims of the crimes for which the detained individual was charged or convicted. DHS shall provide the victim, or a relative or guardian of a deceased victim, with information about the detained individual, including name, date of birth, nationality, immigration status, criminal history, and a description of any related removal efforts.

US SB112

Make the Migrant Protection Protocols Mandatory Act of 2025This bill requires the Department of Justice (DOJ) to remove certain non-U.S. nationals (aliens under federal law) from the United States while such an individual's application for admission is pending.Specifically, if such an individual arrived by land from a foreign country bordering the United States and the individual is not clearly and beyond a doubt entitled to admission into the United States, DOJ must return that individual to that bordering foreign country while the individual's application for admission is pending. (Currently, DOJ may choose to detain such an individual or return the individual to the bordering foreign country while the application for admission is pending.)

US HB3856

Relating to immigration documentation or other information to verify citizenship or immigration status and to notification to the federal government of an arrested or detained person who is unlawfully present in the United States; creating a criminal offense.

US SB84

Sarah's Law This bill requires U.S. Immigration and Customs Enforcement (ICE) to detain a non-U.S. national (alien under federal law) who is unlawfully present in the United States and has been charged with a crime that resulted in the death or serious bodily injury of another person. ICE must make reasonable efforts to obtain information about the identity of any victims of the crimes for which the detained individual was charged or convicted. ICE shall provide the victim, or a relative or guardian of a deceased victim, with information about the detained individual, including name, date of birth, nationality, immigration status, criminal history, and a description of any related removal efforts.

US SB482

A bill to include Czechia in the list of foreign states whose nationals are eligible for admission into the United States as E-1 nonimmigrants if United States nationals are treated similarly by the Government of Czechia.

US HB61

Ensuring United Families at the Border ActThis bill addresses the treatment of children who are non-U.S. nationals (aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.

US HB698

Asylum Accountability Act This bill permanently bars a non-U.S. national (alien under federal law) from receiving certain immigration-related relief if that individual is ordered removed from the United States after failing to appear at a removal proceeding, unless that failure to appear is due to exceptional circumstances. (Currently, this bar from relief is for 10 years.) Under this bill, such an individual shall be permanently barred from receiving discretionary relief under specified immigration provisions, such as (1) cancellation of removal and adjustment to lawful permanent resident status, (2) being allowed to voluntarily depart from the United States, or (3) being allowed to change from one nonimmigrant classification to another.

US HB1056

To include the Czech Republic in the list of foreign states whose nationals are eligible for admission into the United States as E1 nonimmigrants if United States nationals are treated similarly by the Government of the Czech Republic.

US SB62

America First ActThis bill limits the eligibility of certain non-U.S. nationals (aliens under federal law) for various federal benefits and grants, makes permanent the child tax credit increase, and requires individuals to provide evidence of satisfactory immigration status prior to receiving specified benefits.The bill prohibits asylees, parolees, and individuals withheld from removal from receiving certain federal benefits, including Medicaid, Temporary Assistance for Needy Families, the Supplemental Nutritional Assistance Program (SNAP), and Supplemental Security Income. The bill further restricts on the basis of immigration status benefits under federal health programs such as Medicare, emergency disaster relief, housing assistance, food assistance, early childhood assistance, student aid, and Community Development Block Grants.The bill also makes permanent the increase in the child tax credit set to expire at the end of 2025. In addition, this tax credit and the earned income tax credit are not available to asylees, parolees, individuals granted temporary protected status, individuals withheld from removal, individuals granted deferred action for childhood arrivals (DACA) status, and non-U.S. nationals with employment-based immigrant visas.Federal aid is reduced for elementary and secondary education by 50% annually to jurisdictions that do not assist federal immigration enforcement actions (deemed sanctuary jurisdictions under the bill).The bill also removes statutory exemptions for Haitian entrants that allows such entrants to receive various aid.Certain benefits are prohibited, including Medicaid and SNAP, until an applicant’s satisfactory immigration status is proved.The bill prohibits tax-exempt 501(c)(3) charitable organizations from using federal funds to support certain non-U.S. nationals.

Similar Bills

No similar bills found.