Featured Issue: The Laken Riley Act

What’s Happening?

On January 17, the Senate invoked cloture on the Laken Riley Act (61-35). The bill still needs a final passage vote before it returns to the House. This vote is expected to happen Monday evening.

On January 15, the Senate voted on two significant amendments to the Laken Riley Act. The first, filed by Sen. Coons (D-DE), failed, aiming to remove provisions allowing state AGs to challenge federal immigration law enforcement. The second, proposed by Sen. Cornyn (R-TX), passed with bipartisan support and expands mandatory detention for individuals arrested or convicted of certain crimes. Final votes are expected soon.

The Laken Riley Act was the first bill the GOP advanced in early January at the start of the 119th Congress, first in the House and then the Senate. On January 3, 2025, The Laken Riley Act (H.R. 29) was introduced in the U.S. House of Representatives and was swiftly passed on January 8 (264-159).

Shortly after, on January 6, 2025, the Laken Riley Act (S. 5) was introduced in the Senate. While negotiations are ongoing, final voting on the bill could happen as soon as this weekend. Please reach out to your senators immediately and feel free to use the linked vote recommendation as a template.

What’s AILA position?

AILA strongly opposes the Laken Riley Act. The bill raises serious due process concerns by requiring mandatory detention in cases where people have been accused of “theft” and other petty crimes. Additional concerns include the guaranteed right to sue for states that disagree with federal immigration policy (including threatening the exclusions of visa to entire countries).

Instead, AILA urges members of Congress to implement smart solutions for an effective and fair immigration system, such as funding federal immigration agencies at sufficient levels and ensuring the entire immigration system is able to serve the needs of American families, businesses, and the nation as a whole.

Read AILA’s vote recommendation and the below resources for more.

What the Bill Does

The Laken Riley Act amends the Immigration and Nationality Act to require the mandatory detention of undocumented immigrants who have been charged with theft in the United States - even without a conviction. The Act:

• Defines "theft" to include burglary, larceny, and shoplifting.and requires the Secretary to issue a detainer for any alien who is charged with, arrested for, convicted of, or admits to committing such an offense.
• Grants state attorneys general the right to sue the Secretary of Homeland Security or the Attorney General to enforce the Act's provisions and other grounds.
• Prohibits the Secretary of State from granting visas to citizens of countries that refuse to accept the return of their nationals who have been deported from the United States.

See full text of the bill here: Senate version, House version.

Other Resources:

• AILA Urges Senators to Vote No on Laken Riley Act
• The House GOP’s first bill of 2025 could enable Ken Paxton power grab
• AXIOS: ICE warns Laken Riley Act could force it to release detained migrants
• The Hill: Senate advances Laken Riley bill past second hurdle
• CNN: Senate immigration bill aims to overturn Supreme Court precedent in a sea change for legal system, experts say