S. 5 · 119th Congress · Senate
Laken Riley Act
Introduced 2025-01-09 · Sponsored by Katie Britt (R-AL) · Last updated 2026-03-31
Last action (2025-01-29): Signed into law by the President.
Summary
Named after a nursing student killed by an undocumented immigrant, this law requires Immigration and Customs Enforcement (ICE) to detain undocumented immigrants charged with theft or violent crimes. It also allows state attorneys general to sue the federal government over immigration enforcement failures.
The Good
Closes a detention gap for charged individuals
Before this law, ICE had discretion on whether to detain undocumented immigrants charged with (but not convicted of) certain crimes. The mandatory detention requirement removes that discretion for theft and violent offenses.
Bipartisan support in the Senate
Passed the Senate 64-35, with 12 Democrats voting in favor. This level of bipartisan agreement is unusual for immigration legislation in recent Congresses.
Gives states legal standing to challenge federal enforcement
State attorneys general can now sue the federal government if they believe immigration enforcement failures caused harm within their state. This creates an accountability mechanism that didn't previously exist.
The Bad
Mandatory detention based on charges, not convictions
The law triggers detention upon being charged, not convicted. This raises due process concerns since charges can be dropped, reduced, or result in acquittal. The ACLU argues this effectively punishes people before trial.
Significant detention cost burden
ICE detention costs roughly $150 per person per day. Mandatory detention of a larger population without additional funding creates either budget strain or worse conditions. CBO estimated the cost impact at several hundred million annually.
Named legislation can prioritize emotion over policy
Laws named after crime victims tend to be crafted around a single incident rather than systemic analysis. Research from the Brennan Center shows that named criminal justice bills often produce broader consequences than the specific problem they reference.
Vote Record
House, 2025-01-22
BipartisanPassage (House)
Passed Congress.gov — House Roll Call #23
House vote by state
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Senate, 2025-01-20
BipartisanPassage (Senate)
Passed Congress.gov — Senate Roll Call #7
Senate vote by state
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Senate, 2025-01-17
BipartisanCloture Motion
Passed Congress.gov — Senate Roll Call #5
Senate vote by state
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Senate, 2025-01-13
BipartisanMotion to Proceed
Passed Congress.gov — Senate Roll Call #2
Senate vote by state
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Senate, 2025-01-09
BipartisanCloture on Motion to Proceed
Passed Congress.gov — Senate Roll Call #1
Senate vote by state
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