H.R.29 - Laken Riley Act (119th Congress)
Summary
The Laken Riley Act (H.R. 29) mandates the Secretary of Homeland Security to detain aliens charged with theft-related offenses. It amends the Immigration and Nationality Act to include those charged with burglary, theft, larceny, or shoplifting under the categories requiring mandatory detention. The bill also grants state attorneys general the standing to sue the Department of Homeland Security (DHS) for injunctive relief if they allege harm to their state or residents due to violations of detention and removal requirements.
Expected Effects
This act would likely lead to an increase in the detention of aliens charged with theft-related crimes. It could also result in increased litigation against DHS by state attorneys general regarding immigration enforcement. The Act aims to tighten immigration enforcement and provide states with greater legal recourse against federal immigration policies.
Potential Benefits
- Enhanced public safety through the detention of aliens charged with theft.
- Increased accountability of the Department of Homeland Security through state attorney general oversight.
- Potential reduction in theft-related crimes committed by aliens.
- Greater state involvement in immigration enforcement.
- Addresses concerns related to the release of criminal aliens into communities.
Most Benefited Areas:
Potential Disadvantages
- Potential strain on DHS resources due to increased detention requirements.
- Risk of increased litigation and legal costs for DHS.
- Possible challenges related to defining and applying the terms 'burglary,' 'theft,' 'larceny,' and 'shoplifting' across different jurisdictions.
- Concerns about due process and potential for wrongful detention.
- Could lead to increased tension between the federal government and states regarding immigration enforcement.
Constitutional Alignment
The bill's constitutionality is complex. While Congress has broad authority over immigration under Article I, Section 8, its provisions could be challenged on due process grounds (5th Amendment) if they lead to arbitrary or discriminatory detention. The expansion of state attorneys general's standing to sue the federal government raises questions about the separation of powers and the federal government's supremacy in immigration matters.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).