Congress Poised to Pass Laken Riley Act, Authorizing Detention for Theft-Related Crimes

Congress appears ready to pass the Laken Riley Act, which authorizes the detention of certain foreign nationals charged with theft and other crimes in the United States. This law also denounces the Biden Administration for its border policies and calls for stronger border enforcement measures.

New Mandatory Detention by State, Local or Federal Agencies

The Act would amend the Immigration and Nationality Act (INA) to mandate that the Secretary of Homeland Security take custody of certain aliens who are charged with theft-related offenses. The law says that the definitions of these various crimes depend on the place where the crime occurred. The Secretary of Homeland Security would be required by this Act to detain such people to ensure they remain in custody if other law enforcement authorities are not already holding them.

Three-Types of Immigration Law Violators Subjected to Mandatory Detention

Assuming the law is passed, the mandatory detention provision would apply to three categories of foreign nationals. First, it would include foreign nationals who enter the U.S. without being inspected at an established entry point or who are present in the U.S. without previously having been admitted or paroled into the U.S.

The other categories of people who would be impacted by this new mandatory detention provision would include those inadmissible to the U.S. because of fraud or misrepresentation and those who otherwise lack proper documents when they present themselves at the border. This final category of people who lack proper documentation at the border can already be immediately returned to their home country when they are stopped at the border using the expedited removal procedure.

Authority of States to Sue Secretary of Homeland Security

The Act would also empower state attorneys general to sue the Secretary of Homeland Security over violations of the detention and removal requirements that impact residents of their respective states. This is intended to give states a greater role in immigration enforcement by allowing them to seek legal remedies in cases where they believe their state was harmed because of federal actions or inactions.

As touched upon in the MurthyDotCom NewsBrief, Murthy Victory in D.C. Federal Court Results in Reversal of Denial (08.Sep.2021), a person suing the federal government must be able to show some manner of injury. Some cases have questioned Congress’s power to give anyone the right to sue the federal government by saying they suffered an injury merely because Congress says they were injured. So, this provision in the Act is one aspect that will be subject to close scrutiny and challenge, assuming it is passed and signed into law.

Conclusion

The Laken Riley Act would create new penalties for some foreign nationals. It is in response to the Georgia murder of a nursing student by an unlawfully present migrant. If, as expected, this bill becomes law, the actual impact of this law through actions taken by the government will be better understood.

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