Laken Riley Act
What does the Laken Riley Act do?
S 5 is a Senate bill sponsored by Sen. Katie Boyd Britt (R-AL). The Laken Riley Act requires the Department of Homeland Security to detain any non-citizen who entered the country unlawfully or without required documents and who has been charged with, arrested for, or convicted of burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime causing death or serious bodily injury. It also gives state attorneys general the right to sue the federal government in federal court over immigration enforcement decisions they believe harm their states.
Did S 5 pass? Where it stands
As of July 17, 2026, S 5 has been signed into law on January 29, 2025.
Status: Signed into Law
Latest vote: House Passed 263–156 on January 22, 2025
Outlook: Enacted
Enacted: Signed into law on January 29, 2025
Key provisions
- Mandatory Detention Trigger
- DHS must detain unlawfully present non-citizens charged with burglary, theft, larceny, shoplifting, or assault of a law enforcement officer
- Detention also required for any charge resulting in death or serious bodily injury to another person
- DHS must issue a detainer and take custody if the person is not already held by federal, state, or local officials
- State Enforcement Rights
- State attorneys general may sue DHS or the Attorney General for injunctive relief over immigration enforcement failures
- States are considered harmed if residents suffer any harm, including financial harm exceeding $100
- Covers five categories: release decisions, border inspection failures, visa penalty violations, parole restrictions, and removal-period detention failures
Last updated June 10, 2026