Bill

S. 5 (119th): Laken Riley Act This act requires the Department of Homeland Security (DHS) to detain certain non-U.S

Laken Riley Act This act requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals ( aliens under federal law) who have been arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. Under this act, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of the above crimes. The act also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a decision to release a non-U.S. national from custody; failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews; failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country; violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or failure to detain an individual who has been ordered removed from the United States.

house · Substantive

Rankings updated October 26, 2026, 11:44 AM ET · Votes through September 30, 2026
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Official source

Summary

Recorded summary

The Laken Riley Act, as summarized, requires DHS to detain certain unlawfully present non-U.S. nationals who have been charged with, arrested for, convicted of, or admitted to committing specified offenses, including burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or crimes causing death or serious bodily injury. It also lets states sue the federal government for injunctive relief over specified immigration decisions or failures (such as releasing a detainee, inspection and asylum-interview failures, visa-issuance failures, parole violations, or failure to detain a person ordered removed) when those actions cause the state or its residents harm, including financial harm over $100.

criminal_chargescriminal_justicedetentiondue_processimmigrationpublic_safetystate_standingtheft

Theological note: The bill touches the civil duty to protect the public from violent and property crime and to enforce lawful borders, which Scripture grounds in the sword-bearing office of civil authority and in the protection of neighbors. It also raises equity concerns about mandatory detention on arrest or charge without conviction and about the expansion of state litigation against federal immigration decisions, and it engages the duty to treat sojourners justly under law. These are issues of prudential governance and procedural fairness, not a clear direct advancement of moral evil, so the measure is best weighed as a mixed matter requiring careful judgment.

Scoring

How this bill is scored

Debt and war Cloture and Tier 1 Procedural votes Scoring mechanics

Roll

Recorded votes

Roll 23 · 22-Jan-2025 5:01 PM · On Passage · Passed

Yea 263 · Nay 156 · Other 14

Yea

Nay

Other

Roll 2 · January 13, 2025, 05:26 PM · On the Motion to Proceed S. 5 · Motion to Proceed Agreed to (82-10)

Yea 82 · Nay 10 · Other 6

Yea

Nay

Other

Roll 5 · January 17, 2025, 10:03 AM · On the Cloture Motion S. 5 · Cloture Motion Agreed to (61-35, 3/5 majority required)

Yea 61 · Nay 35 · Other 3

Yea

Nay

Other

Roll 7 · January 20, 2025, 06:12 PM · On Passage of the Bill S. 5 · Bill Passed (64-35)

Yea 64 · Nay 35 · Other 0

Yea

Nay

Other

None recorded.

Roll 1 · January 9, 2025, 02:54 PM · On Cloture on the Motion to Proceed S. 5 · Cloture on the Motion to Proceed Agreed to (84-9, 3/5 majority required)

Yea 84 · Nay 9 · Other 6

Yea

Nay

Other

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