The Laken Riley Act is a federal immigration law, signed on January 29, 2025 as Public Law 119-1, that requires the Department of Homeland Security to detain non-citizens who are unlawfully present in the United States and have been charged with, arrested for, or convicted of certain crimes. It also gives state attorneys general the power to sue the federal government when those detention requirements are not enforced.
Who the Law Applies To
Mandatory detention under the law is not triggered by a criminal charge alone. Two conditions must both be met.
First, the person must be inadmissible under specific provisions of the Immigration and Nationality Act: present in the country without lawful admission, having used fraud or misrepresentation in an immigration application, or lacking required entry documents.1Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens
Second, that same person must be charged with, arrested for, convicted of, or admit to committing one of the offenses the statute covers.
Both parts matter. A lawful permanent resident charged with shoplifting does not fall within this mandatory detention provision because they were lawfully admitted. The law targets people who lack lawful status and have a qualifying criminal connection.
Which Crimes Trigger Detention
The covered offenses are:
- Burglary
- Theft
- Larceny
- Shoplifting
- Assault of a law enforcement officer
- Any crime that results in death or serious bodily injury to another person
The statute does not define burglary, theft, larceny, or shoplifting. Those terms carry whatever meaning the jurisdiction where the offense occurred gives them.2GovInfo. S.5 – Laken Riley Act Enrolled Text Because states define these crimes differently, the same conduct may or may not qualify depending on where it happened.
A conviction is not required. The detention mandate applies when someone is “charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements” of one of these offenses.1Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens An arrest, or an admission, is enough.
How Detention Works Under the Act
Before this law, DHS had significant discretion. Under the general detention provision of INA Section 236(a), the government could arrest a non-citizen on a warrant and then choose to hold them, release them on bond of at least $1,500, or grant conditional parole while the case proceeded.1Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens
The Laken Riley Act removes that flexibility for people who meet both qualifying conditions. DHS must take them into custody. When the person is already held by state or local law enforcement, DHS must issue a detainer and then “effectively and expeditiously” take physical custody.2GovInfo. S.5 – Laken Riley Act Enrolled Text The detainer requirement is designed to prevent a gap where someone is released from local jail before federal authorities can act.
Once in federal custody under this provision, release is extraordinarily narrow. The only exception allows the Attorney General to release someone who is cooperating as a witness in a major criminal investigation, or an immediate family member of such a witness, under the federal witness protection statute.1Office of the Law Revision Counsel. 8 USC 1226 – Apprehension and Detention of Aliens There is no bond hearing, no parole option, and no discretionary release outside of witness protection. The person remains detained until the immigration case is resolved or removal occurs.
The Attorney General’s detention decisions are also insulated from most judicial review. An immigration judge can determine whether someone is properly included in the mandatory detention category, but cannot second-guess the custody decision itself or order bond.
What States Can Now Do
One of the most consequential parts of the law has nothing to do with detention itself. It gives state attorneys general the power to sue the federal government in federal district court when they believe DHS is not following the detention and removal requirements.2GovInfo. S.5 – Laken Riley Act Enrolled Text
To bring suit, a state must show harm. The statute sets that bar low: a state or its residents qualify as harmed if they experience financial harm exceeding just $100.2GovInfo. S.5 – Laken Riley Act Enrolled Text The remedy is injunctive relief, meaning a court can order DHS to comply with the law’s requirements going forward.
This provision responds directly to the Supreme Court’s 2023 decision in United States v. Texas, where the Court held that Texas and Louisiana lacked standing to challenge the Biden administration’s immigration enforcement priorities. The Laken Riley Act attempts to legislate around that barrier by explicitly granting states standing and defining a minimal harm threshold.
Where the Name Comes From
The law is named after Laken Riley, a 22-year-old nursing student at Augusta University who was killed on February 22, 2024 while jogging on the University of Georgia campus in Athens. Her killer, Jose Ibarra, was a Venezuelan national who had entered the country illegally in 2022. He was convicted of all charges and sentenced to life in prison without parole. The case became a focal point in national debates over immigration enforcement and prompted the legislation that carries her name.
How It Became Law
A version of the bill first passed the House in March 2024 but stalled in the Senate. When the 119th Congress convened in January 2025, it was reintroduced as S.5. The Senate passed it 64 to 35 on January 20, 2025,3U.S. Senate. Roll Call Vote 119th Congress 1st Session Vote 7 the House followed 263 to 156 on January 22,4Congress.gov. S.5 – 119th Congress Laken Riley Act and the president signed it on January 29, 2025, making it the first law enacted in the 119th Congress.5GovInfo. Public Law 119-1 – Laken Riley Act The Senate version expanded the House bill’s original property-crime focus by adding assault of a law enforcement officer and any crime causing death or serious bodily injury.