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S 5 - Laken Riley Act - National Key Vote

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Title: Laken Riley Act

Vote Smart's Synopsis:

Vote to pass a bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting.

Highlights:

  • Requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting (Sec. 2-3).

  • Authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement (Sec. 2-3).

  • Requires detainment of an individual who (Sec. 2-3):

    • is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and 

    • has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

  • 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.

  • Specifies that state governments may sue the federal government over (Sec. 2-3):

    • 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.

Full Bill Text

See How Your Politicians Voted

Title: Laken Riley Act

Vote Smart's Synopsis:

Vote to pass a bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting.

Highlights:

  • Requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting (Sec. 2-3).

  • Authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement (Sec. 2-3).

  • Requires detainment of an individual who (Sec. 2-3):

    • is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and 

    • has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

  • 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.

  • Specifies that state governments may sue the federal government over (Sec. 2-3):

    • 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.

Full Bill Text

See How Your Politicians Voted

Title: Laken Riley Act

Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting.

Highlights:

  • Requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting (Sec. 2-3).

  • Authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement (Sec. 2-3).

  • Requires detainment of an individual who (Sec. 2-3):

    • is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and 

    • has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

  • 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.

  • Specifies that state governments may sue the federal government over (Sec. 2-3):

    • 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.

NOTE: INVOKING CLOTURE REQUIRES A 3/5 MAJORITY OF THE SENATE. IT IS NOT A VOTE ON THE PASSAGE OF THE PIECE OF LEGISLATION, BUT LIMITS FURTHER DEBATE TO 30 HOURS. CLOTURE IS TYPICALLY USED TO END A FILIBUSTER. A FAILED CLOTURE VOTE OFTEN PREVENTS THE LEGISLATION FROM EVER COMING TO A VOTE.

Full Bill Text

See How Your Politicians Voted

Title: Laken Riley Act

Vote Smart's Synopsis:

Vote on a motion to proceed on a bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting.

Highlights:

  • Requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting (Sec. 2-3).

  • Authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement (Sec. 2-3).

  • Requires detainment of an individual who (Sec. 2-3):

    • is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and 

    • has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

  • 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.

  • Specifies that state governments may sue the federal government over (Sec. 2-3):

    • 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.

NOTE: THIS IS A VOTE ON A MOTION TO PROCEED, WHICH SENDS THE LEGISLATION TO THE FLOOR OF THE SENATE FOR DEBATE AND AMENDMENT. A MOTION TO PROCEED REQUIRES A MAJORITY OF THE SENATE FOR APPROVAL.

Full Bill Text

See How Your Politicians Voted

Title: Laken Riley Act

Vote Smart's Synopsis:

Vote on a motion to invoke cloture on a bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting.

Highlights:

  • Requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals who have been arrested for burglary, theft, larceny, or shoplifting (Sec. 2-3).

  • Authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement (Sec. 2-3).

  • Requires detainment of an individual who (Sec. 2-3):

    • is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and 

    • has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

  • 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.

  • Specifies that state governments may sue the federal government over (Sec. 2-3):

    • 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.

NOTE: THIS LEGISLATION NEEDED A THREE-FIFTHS MAJORITY VOTE TO PASS.

Full Bill Text

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