S.5 - Laken Riley Act (119th Congress)
Summary
The Laken Riley Act mandates the detention of aliens charged with theft or certain other crimes, amending the Immigration and Nationality Act. It requires the Secretary of Homeland Security to take these individuals into custody and issue detainers. The Act also grants state attorneys general the standing to bring actions against the Secretary of Homeland Security for alleged violations of detention and removal requirements, parole limitations, and visa discontinuance requirements.
Expected Effects
This act is likely to increase the detention of aliens charged with theft and related crimes. It will also empower state attorneys general to challenge federal immigration enforcement policies in court. This could lead to increased litigation and potentially alter the landscape of immigration enforcement.
Potential Benefits
- Enhanced public safety through the detention of aliens charged with certain crimes.
- Increased accountability of the Department of Homeland Security through state attorney general oversight.
- Potential reduction in crime rates due to stricter enforcement.
- Empowerment of states to protect their residents from perceived failures in federal immigration enforcement.
- Clarification of definitions for certain crimes related to detention policies.
Most Benefited Areas:
Potential Disadvantages
- Potential strain on detention facilities and resources.
- Increased litigation costs for the federal government.
- Possible challenges to individual liberties and due process for detained aliens.
- Risk of discriminatory enforcement based on immigration status.
- Potential for states to pursue conflicting or inconsistent immigration enforcement policies.
Constitutional Alignment
The Act's constitutionality is complex. While the federal government has broad authority over immigration (Article I, Section 8), the expansion of state attorney general powers to sue the federal government raises questions about the separation of powers. The Fifth Amendment's due process clause could also be implicated if detention policies are implemented unfairly or without adequate procedural safeguards.
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).