S.5 - Laken Riley Act (119th Congress)
Summary
The Laken Riley Act mandates the detention of aliens charged with theft or related offenses. It amends the Immigration and Nationality Act to require the Secretary of Homeland Security to take such individuals into custody. The act also grants state attorneys general the authority to bring legal action against the Department of Homeland Security and other federal agencies for alleged failures in enforcing immigration laws, particularly concerning detention and removal.
Expected Effects
This act is likely to increase the detention of aliens charged with certain crimes. It will also empower state attorneys general to challenge federal immigration enforcement policies in court. The potential impact includes increased legal challenges to federal immigration policies and a greater strain on detention resources.
Potential Benefits
- Increased public safety by detaining aliens charged with theft and related crimes.
- Empowerment of state attorneys general to enforce immigration laws.
- Potential reduction in crime committed by released aliens.
- Greater accountability of federal agencies in immigration enforcement.
- Expedited court proceedings for immigration-related cases brought by state attorneys general.
Most Benefited Areas:
Potential Disadvantages
- Potential strain on detention facilities and resources.
- Increased legal challenges and potential conflicts between state and federal authorities.
- Risk of discriminatory enforcement and potential civil rights violations.
- Possible negative impact on international relations and perceptions of U.S. immigration policies.
- Potential for increased costs associated with detention and litigation.
Constitutional Alignment
The act's constitutionality is complex. While the federal government has broad authority over immigration (Article I, Section 8), the Tenth Amendment reserves powers not delegated to the federal government to the states. The act's grant of standing to state attorneys general to sue the federal government could be seen as an infringement on federal authority. The due process rights of detained individuals (Fifth Amendment) could also be implicated depending on the implementation of the detention mandates.
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).