S.5 - Laken Riley Act (119th Congress)
Summary
The Laken Riley Act (S.5) mandates the detention of aliens charged with theft-related offenses and grants state attorneys general the authority to sue the Department of Homeland Security (DHS) and other federal entities for alleged violations of immigration enforcement. The bill amends the Immigration and Nationality Act to include theft, burglary, larceny, and shoplifting as offenses triggering mandatory detention. It also allows state attorneys general to seek injunctive relief against the federal government for actions related to immigration enforcement that they believe harm their state or its residents.
Expected Effects
The Act aims to increase the detention and potential deportation of aliens charged with theft, and to empower states to challenge federal immigration policies in court. This could lead to increased litigation between states and the federal government regarding immigration enforcement. It may also result in increased costs for DHS related to detention and legal challenges.
Potential Benefits
- Increased public safety due to the detention of aliens charged with theft.
- Empowerment of states to enforce immigration laws and challenge federal policies.
- Potential reduction in crime rates related to theft offenses committed by aliens.
- Greater accountability of the federal government in immigration enforcement.
- Could deter illegal immigration due to stricter enforcement.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased litigation and legal costs for the federal government.
- Possible strain on resources for detention facilities.
- Risk of discriminatory enforcement based on perceived immigration status.
- Could negatively impact relations with immigrant communities.
- May lead to challenges related to due process and fair treatment of individuals.
Constitutional Alignment
The bill'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 expansion of state attorneys general's ability to sue the federal government could raise federalism concerns. Additionally, due process rights (Fifth and Fourteenth Amendments) could be implicated if detention is applied unfairly or without adequate legal 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).