[Congressional Record Volume 170, Number 41 (Thursday, March 7, 2024)]
[House]
[Pages H1013-H1020]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                            LAKEN RILEY ACT

  Mr. BISHOP of North Carolina. Mr. Speaker, pursuant to House 
Resolution 1052, I call up the bill (H.R. 7511) to require the 
Secretary of Homeland Security to take into custody aliens who have 
been charged in the United States with theft, and for other purposes, 
and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1052, the bill 
is considered read.
  The text of the bill is as follows:

                               H.R. 7511

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Laken Riley Act''.

     SEC. 2. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that the Nation--
       (1) mourns the devastating loss of Laken Riley and other 
     victims of the Biden administration's open borders policies;
       (2) honors the life and memory of Laken Riley and other 
     victims of the Biden administration's open borders policies; 
     and
       (3) denounces the open-borders policies of President Joe 
     Biden, ``Border Czar'' Vice President Kamala Harris, 
     Secretary of Homeland Security Alejandro Mayorkas, and other 
     Biden administration officials.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Biden administration should not have released Laken 
     Riley's alleged murderer into the United States;
       (2) the Biden administration should have arrested and 
     detained Laken Riley's alleged murderer after he was charged 
     with crimes in New York, New York, and Athens, Georgia;
       (3) President Biden should publicly denounce his 
     administration's immigration policies that resulted in the 
     murder of Laken Riley; and
       (4) President Biden should prevent another murder like that 
     of Laken Riley by ending the catch-and-release of illegal 
     aliens, increasing immigration enforcement, detaining and 
     removing criminal aliens, reinstating the Remain in Mexico 
     policy, ending his abuse of parole authority, and securing 
     the United States borders.

     SEC. 3. DETENTION OF CERTAIN ALIENS WHO COMMIT THEFT.

       Section 236(c) of the Immigration and Nationality Act (8 
     U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``or'';
       (B) in subparagraph (D), by striking the comma at the end 
     and inserting ``, or''; and
       (C) by inserting after subparagraph (D) the following:
       ``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or 
     (7) of section 212(a), and
       ``(ii) is charged with, is arrested for, is convicted of, 
     admits having committed, or admits committing acts which 
     constitute the essential elements of any burglary, theft, 
     larceny, or shoplifting offense,'';
       (2) by redesignating paragraph (2) as paragraph (4); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Definition.--For purposes of paragraph (1)(E), the 
     terms `burglary', `theft', `larceny', and `shoplifting' have 
     the meaning given such terms in the jurisdiction where the 
     acts occurred.
       ``(3) Detainer.--The Secretary of Homeland Security shall 
     issue a detainer for an alien described in paragraph (1)(E) 
     and, if the alien is not otherwise detained by Federal, 
     State, or local officials, shall effectively and 
     expeditiously take custody of the alien.''.

     SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

       (a) Inspection of Applicants for Admission.--Section 235(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is 
     amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Enforcement by attorney general of a state.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the detention and removal 
     requirements under paragraphs (1) or (2) that harms such 
     State or its residents shall have standing to bring an action 
     against the Secretary of Homeland Security on behalf of such 
     State or the residents of

[[Page H1014]]

     such State in an appropriate district court of the United 
     States to obtain appropriate injunctive relief. The court 
     shall advance on the docket and expedite the disposition of a 
     civil action filed under this paragraph to the greatest 
     extent practicable. For purposes of this paragraph, a State 
     or its residents shall be considered to have been harmed if 
     the State or its residents experience harm, including 
     financial harm in excess of $100.''.
       (b) Apprehension and Detention of Aliens.--Section 236 of 
     the Immigration and Nationality Act (8 U.S.C. 1226), as 
     amended by this Act, is further amended--
       (1) in subsection (e)--
       (A) by striking ``or release''; and
       (B) by striking ``grant, revocation, or denial'' and insert 
     ``revocation or denial''; and
       (2) by adding at the end the following:
       ``(f) Enforcement by Attorney General of a State.--The 
     attorney general of a State, or other authorized State 
     officer, alleging an action or decision by the Attorney 
     General or Secretary of Homeland Security under this section 
     to release any alien or grant bond or parole to any alien 
     that harms such State or its residents shall have standing to 
     bring an action against the Attorney General or Secretary of 
     Homeland Security on behalf of such State or the residents of 
     such State in an appropriate district court of the United 
     States to obtain appropriate injunctive relief. The court 
     shall advance on the docket and expedite the disposition of a 
     civil action filed under this subsection to the greatest 
     extent practicable. For purposes of this subsection, a State 
     or its residents shall be considered to have been harmed if 
     the State or its residents experience harm, including 
     financial harm in excess of $100.''.
       (c) Penalties.--Section 243 of the Immigration and 
     Nationality Act (8 U.S.C. 1253) is amended by adding at the 
     end the following:
       ``(e) Enforcement by Attorney General of a State.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the requirement to 
     discontinue granting visas to citizens, subjects, nationals, 
     and residents as described in subsection (d) that harms such 
     State or its residents shall have standing to bring an action 
     against the Secretary of State on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subsection to 
     the greatest extent practicable. For purposes of this 
     subsection, a State or its residents shall be considered to 
     have been harmed if the State or its residents experience 
     harm, including financial harm in excess of $100.''.
       (d) Certain Classes of Aliens.--Section 212(d)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(C) The attorney general of a State, or other authorized 
     State officer, alleging a violation of the limitation under 
     subparagraph (A) that parole solely be granted on a case-by-
     case basis and solely for urgent humanitarian reasons or a 
     significant public benefit, that harms such State or its 
     residents shall have standing to bring an action against the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subparagraph 
     to the greatest extent practicable. For purposes of this 
     subparagraph, a State or its residents shall be considered to 
     have been harmed if the State or its residents experience 
     harm, including financial harm in excess of $100.''.
       (e) Detention.--Section 241(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
       (1) by striking ``During the removal period,'' and 
     inserting the following:
       ``(A) In general.--During the removal period,''; and
       (2) by adding at the end the following:
       ``(B) Enforcement by attorney general of a state.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the detention requirement 
     under subparagraph (A) that harms such State or its residents 
     shall have standing to bring an action against the Secretary 
     of Homeland Security on behalf of such State or the residents 
     of such State in an appropriate district court of the United 
     States to obtain appropriate injunctive relief. The court 
     shall advance on the docket and expedite the disposition of a 
     civil action filed under this subparagraph to the greatest 
     extent practicable. For purposes of this subparagraph, a 
     State or its residents shall be considered to have been 
     harmed if the State or its residents experience harm, 
     including financial harm in excess of $100.''.
       (f) Limit on Injunctive Relief.--Section 242(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended 
     by adding at the end following:
       ``(3) Certain actions.--Paragraph (1) shall not apply to an 
     action brought pursuant to section 235(b)(3), subsections (e) 
     or (f) of section 236, or section 241(a)(2)(B).''.

  The SPEAKER pro tempore. The bill shall be debatable for 1 hour, 
equally divided and controlled by the chair and ranking minority member 
of the Committee on the Judiciary or their respective designees.
  The gentleman from North Carolina (Mr. Bishop) and the gentleman from 
New York (Mr. Nadler) each will control 30 minutes.
  The Chair now recognizes the gentleman from North Carolina (Mr. 
Bishop).


                             General Leave

  Mr. BISHOP of North Carolina. Mr. Speaker, I ask unanimous consent 
that all Members may have 5 legislative days in which to revise and 
extend their remarks and to insert extraneous material on H.R. 7511.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from North Carolina?
  There was no objection.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, today, the House says the name ``Laken Riley'' through 
H.R. 7511, the Laken Riley Act.
  On this day, 2 weeks ago, the life of a 22-year-old nursing student, 
Laken Riley, a beautiful and vibrant young woman, came to an abrupt and 
shocking end, a totally unnecessary end, when she was abducted from her 
morning run around Lake Herrick Trail on the campus of the University 
of Georgia in Athens and brutally killed, beaten to death and to a 
state of disfigurement by a criminal alien whom Joe Biden and Alejandro 
Mayorkas were under legal obligation to detain.
  Laken's failure to return home alarmed her roommate, who called 
police. Police found her discarded body in the woods off the running 
trail, her skull crushed.
  Last Friday, Laken's parents laid their daughter to rest, their lives 
destroyed by the senseless and depraved actions of a criminal who 
should not have been here and the callous indifference of the President 
and the Secretary of Homeland Security.
  A Venezuelan, Jose Ibarra illegally entered into our country across 
the southwest border in 2022. The Biden administration released him, 
just like millions of others, paroled him into the country to roam 
wherever he pleased, rather than detaining him as the law required.
  Jose Ibarra roamed to New York City. There, in August, NYPD arrested 
him for driving a scooter without a license with a child on board 
unprotected by a helmet, and an independent obligation arose for 
Homeland Security to detain Mr. Ibarra; namely, that he had committed 
an offense involving moral turpitude by endangering that child. 
However, NYPD released him and Homeland Security did nothing.
  From New York City, Jose Ibarra roamed to join his brother Diego, 
another criminal illegal alien, in Athens, Georgia. Athens police 
arrested Diego in September for driving while intoxicated and without a 
license, also an offense involving moral turpitude which required 
detention by Homeland Security. However, Homeland Security again did 
nothing, and Diego, too, was promptly released.
  In October, Jose and Diego joined forces to rip off the local 
Walmart, and it must have been quite something for them to be arrested 
for shoplifting in this day and age, but arrested they were. Then 
another basis in law arose for mandatory detention, specifically two or 
more criminal offenses, by each of them, involving separate criminal 
acts. Again, Homeland Security utterly disregarded Congress' statutory 
command and did nothing. The Ibarra brothers were set free upon the 
community again.
  In December, a final chance came to prevent Laken Riley's fate. 
Athens police arrested Diego again for failure to appear for a 
fingerprintable offense. Why didn't they arrest Jose? Who knows. Maybe 
they figured, what is the point? Homeland Security will just continue 
looking the other way. Even though Diego was also now an absconder, he 
was released again. The big bureaucratic Department of Homeland 
Security did nothing.
  Secretary Mayorkas was asked whether Jose Ibarra should have been 
deported before he beat Laken Riley to death. He answered blandly that 
his agency works closely with law enforcement ``to ensure individuals 
who pose a threat to public safety are made the highest priority for 
detention and removal,'' which reminds me of the more than 30 times 
Secretary Mayorkas testified to Congress under oath that the border was 
secure.

[[Page H1015]]

  What the Secretary omitted to explain was the law he laid down in 
September 2021, the memo to the Department of Homeland Security 
employees, where he instructed that the grounds specified by Congress 
for detention would never be the basis standing alone for any detention 
by Homeland Security; the law according to Alejandro Mayorkas.
  Today, the Laken Riley Act presents two simple and straightforward 
amendments to law to break through the Biden administration's brazen, 
defiant, and reckless disregard for Laken Riley and all the other 
vulnerable Americans out there victimized already or soon to be 
victimized.

                              {time}  1230

  First, it specifies theft offenses as a ground mandating the 
Secretary of Homeland Security to take into custody criminal illegal 
aliens like Jose Ibarra and to issue a detainer request to local law 
enforcement.
  How hard is that, Mr. Speaker? Shouldn't illegal aliens be required 
to be detained at the border in the first place? Shouldn't those who go 
on to engage in thievery in our country be detained and removed? Who 
could disagree with that?
  If H.R. 7511 only added another detention mandate to the slew that 
Secretary Mayorkas is brazenly defying even today, then it would be an 
act of futility. It would be more statutory commands to an 
administration that is lawless, and it would do nothing to honor the 
life and memory of Laken Riley.
  Therefore, the other essential element of this bill is to confer 
standing upon State attorneys general to bring civil actions against 
open-borders executive branch officials who refuse to enforce the 
Nation's immigration laws.
  This provision comes from H.R. 7322, the SUE for Immigration 
Enforcement Act, introduced by Chip Roy and me. It would empower States 
to hold Homeland Security accountable in Federal courts for flouting 
mandatory detention requirements, the limits of parole authority, and 
visa sanctions against countries that refuse to cooperate with 
repatriation of illegals removed from our country.
  This responds to the Supreme Court's ruling of 2023 in United States 
v. Texas that States lack standing in such cases, and it follows the 
roadmap set forth in the Court's opinion in that case inviting Congress 
to cure the standing defect by specifically authorizing such suits in 
statute.
  The provision confers standing upon a narrowly defined set of 
plaintiffs, the States, and it authorizes the judiciary to grant 
redress. As such, this legislation would ensure that harmful abuses of 
our immigration laws--in fact, those policies set forth by the Biden 
administration that are in direct conflict and contradiction with the 
plain meaning of our laws--will not go unchallenged.
  H.R. 7511 also honors Laken Riley's life and those who mourn her loss 
as well as all the other victims of the Biden border crisis.
  No law passed by this body can bring back Laken or take away the pain 
suffered by her family and countless other victims of criminal alien 
crime. The Laken Riley Act, however, will ensure that illegal aliens 
who commit theft offenses, as Laken's alleged murderer did, cannot be 
shielded by the Biden administration's continued reckless and callous 
indifference.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to start by expressing my deepest condolences to 
Laken Riley's family. The pain of losing a child is something no parent 
should have to go through. The alleged perpetrator should be prosecuted 
to the fullest extent of the law.
  By all accounts, Laken was a kind and gentle soul, beloved by 
everyone around her. May her memory be a blessing.
  Unfortunately, instead of coming together to express our sorrow for 
Laken's tragic loss, the majority appears to be exploiting her death 
for yet another partisan political stunt.
  Rather than approaching this tragic event in a thoughtful manner, 
Republicans appear to have just thrown together language from existing 
unrelated bills that target and scapegoat immigrants to score cheap 
political points in an election year, while doing nothing to address 
the situation at the border.
  This approach is fundamentally unserious. As if to emphasize the 
point, the author of this legislation spent the weekend promoting anti-
Semitic memes on Twitter.
  At base, this bill is a rinse and repeat of the majority's unserious 
attempt to keep immigration in the news: pick a crime; paste it into a 
template bill with sweeping, unrealistic immigration consequences; and 
then require detention and deportation of certain immigrants merely 
accused of committing such a crime--no due process required--all so 
that you can demonize immigrants and sound tough without actually 
making this country safer.
  The legislation before us today would subject to mandatory detention 
any undocumented immigrants merely arrested or charged with committing 
an act of theft, larceny, or shoplifting, along with those who are 
convicted or who admit to committing such acts.
  Let's think about that. Someone who is arrested and who was never 
even charged with a crime is now going to be subject to mandatory 
immigration detention?
  The case of Laken Riley is a tragedy, but as is often said, hard 
cases make bad law.
  Under this bill, committing a misdemeanor shoplifting, or even 
committing no crime at all, can result in a DACA or TPS recipient, 
someone who may have been in this country for decades, being subject to 
mandatory detention.
  Sadly, there are countless real-life examples of people getting 
arrested because of mistaken identity through erroneous witness 
identification, biographical similarities to perpetrators, and errors 
caused by faulty facial recognition technology.
  In a markup we had in the Judiciary Committee last month, Mr. Massie 
discussed how mistaken identification can deprive someone of their 
constitutional rights. He noted very real concerns about racial 
disparities in the development of artificial intelligence and facial 
recognition tools. These tools have led to numerous erroneous arrests, 
mostly of people of color.
  For example, just over a year ago, a Detroit woman was arrested for 
robbery and carjacking after she was improperly identified as the 
perpetrator by automatic facial recognition search. She was 8 months 
pregnant when she was arrested. After being held by the police for 11 
hours, she was released on a $100,000 bond. It took a month and two 
hearings for the case against her to be dismissed.

  Under this bill, however, if this woman had been on DACA or TPS 
status, ICE would have been required to detain her upon release, and 
her U.S. citizen son would have been born in immigration detention even 
though she had committed no crime.
  Mandatory detention of innocent people is not a reasonable or 
sensible policy choice. This is not where we should be focusing our 
limited enforcement resources.
  It is important to remember that this bill would subject more people 
to mandatory detention at a time when Republicans refuse to give the 
Department of Homeland Security the resources it needs to carry out its 
policies.
  The Biden administration is currently detaining 39,000 people a day. 
That is 5,000 more people than Congress has even provided funding for 
it to detain.
  Congress has never appropriated, and no administration has ever 
requested, sufficient resources to detain all noncitizens who fall 
under the ``mandatory detention'' categories. Even former President 
Trump never tried to detain all migrants subject to mandatory 
detention.
  House Republicans know this, but instead of facing that reality and 
providing the resources necessary to address weaknesses in the 
immigration system, they would prefer to demagogue the issue, and they 
bring us measures like this.
  If that wasn't bad enough, this bill also purports to give State 
attorneys general standing to sue in court for perceived violations of 
certain sections of the Immigration and Nationality Act, hoping to 
convince the judicial branch to impose draconian immigration policy 
preferences that MAGA Republicans have failed to get through

[[Page H1016]]

the political branches of the Federal Government.
  This bill simply declares that States have standing to sue so long as 
the State or its residents suffer almost any degree of harm, no matter 
how trivial, appearing only to exclude financial harms that are less 
than $100.
  We should note that this provision is almost certainly 
unconstitutional. Just declaring that there is standing does not make 
it so.
  Just last year, the Supreme Court addressed the issue of States' 
standing to sue the Federal Government over immigration enforcement 
matters, which this bill appears to be a half-baked attempt to 
circumvent. In an 8-1 decision, the Court held that Texas and Louisiana 
lacked Article III standing to bring suit against the Federal 
Government over its alleged violation of some of the very same 
immigration statutes that this bill would purport to grant standing to 
the States to sue over.
  In rejecting the States' standing argument, the Court noted, among 
other things, that lawsuits alleging insufficient arrests or 
prosecution run against the executive branch's Article II authority to 
enforce the law, which includes the discretion to determine enforcement 
priorities in the face of lack of resources and shifting public safety 
and public welfare needs.
  This bill also goes directly against the Supreme Court's settled 
precedent in Spokeo, Inc. v. Robins, which explicitly states that a 
statutory right to sue does not constitute an injury for purposes of 
standing.
  Be that as it may, settled precedent, much like responsible 
governance, doesn't seem to matter much to the majority. Time and 
again, Republicans have refused to engage in bipartisan immigration 
reform. At the behest of Donald Trump, Republicans dismissed out of 
hand a bipartisan Senate border bill that Senate Minority Leader 
McConnell called the strongest border bill in 30 years.
  In October, the Biden administration sent Congress a supplemental 
funding request, which included an additional $14 billion for border 
security. House Republicans refused to schedule a vote on this funding 
request, which would provide the Biden administration the resources it 
needs to secure the border and would provide additional support for 
communities receiving migrants.
  Both these bills would have allowed the Biden administration to hire 
thousands more asylum officers and asylum and immigration judges, so 
asylum hearings happen in weeks, not years. This would help put an end 
to what my Republican colleagues refer to as catch and release.
  That is the procedure in immigration law that has been used by every 
administration for decades. What they mean by that is you catch 
someone, but because of lack of resources, his court date is 3 years 
from then, so you have to release him pending the court date because he 
has a credible claim to asylum. However, with the appropriation that 
the Biden administration had requested, it could be done in weeks, not 
years, and we wouldn't have the problem of the so-called catch and 
release.
  All they can point to is H.R. 2, which last week had a grand total of 
32 ``yes'' votes in the Senate when it was brought up for a vote.
  Instead of rushing yet another partisan stunt to the floor, the 
majority should work with Democrats to pass bipartisan solutions to 
address the situation at the border. That would be a far better way to 
truly honor the lives of those we have tragically lost.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 3 minutes to the 
gentleman from Georgia (Mr. Allen).
  Mr. ALLEN. Mr. Speaker, I thank my friend from North Carolina for 
yielding.
  Mr. Speaker, just 2 weeks ago, at the hands of a violent illegal 
alien, we lost yet another American life, a beloved daughter, student, 
and Georgian. This has been heartbreaking for the family, our 
communities, and this Nation. That is why I stand before you today, Mr. 
Speaker, and rise in strong support of H.R. 7511, the Laken Riley Act.
  Laken was an outstanding student at Augusta University's nursing 
school in Athens and was well on her way to a successful career in 
helping others and saving countless lives, all to be cut brutally short 
by a vicious criminal.
  This should have never happened and cannot happen again in this 
Nation. In fact, this could have been prevented had the Senate passed 
H.R. 2 and secured our border.

  It is the responsibility of Congress and this administration to make 
sure that every American can live in this country safely and that we 
are a law-abiding nation.
  Not only is the suspect in Laken Riley's tragic death here illegally, 
but he also has a criminal record that includes shoplifting in Athens-
Clarke County. Allowing this criminal to freely roam our communities 
was absolutely unacceptable.
  H.R. 7511 would ensure illegal immigrants who commit theft are 
detained by ICE rather than released back into our communities. The 
bill would also allow States to sue the Federal Government for failing 
to enforce our border laws.
  I am sick of President Biden and liberal officials across the country 
not enforcing current law. It is beyond me how anyone can support the 
sanctuary and catch and release policies that have attracted illegal 
aliens to those communities, just like the one responsible for taking 
Laken Riley's life.
  In fact, the President has statutory authority to secure our border.
  Mr. Speaker, I strongly urge a ``yes'' vote on this important 
legislation to protect our Nation.
  Robin, our family, and I continue to join all of our fellow Georgians 
and this Nation in praying for Laken's family and loved ones. She will 
not be forgotten.

                              {time}  1245

  Mr. NADLER. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Maryland (Mr. Ivey), a member of the Judiciary 
Committee.
  Mr. IVEY. Mr. Speaker, I thank the gentleman from New York for 
yielding.
  Mr. Speaker, I rise in strong opposition to H.R. 7511, the House 
Republicans' unconstitutional attempt to violate the separation of 
powers doctrine.
  While I take issue with many aspects of this bill, I am particularly 
concerned that this bill is a blatant effort to overturn the Supreme 
Court's 8-1 ruling in United States v. Texas and wrongly blame the 
Biden administration for three decades of border enforcement 
challenges.
  In the Texas case, States sued the Department of Homeland Security 
about border enforcement. Justice Kavanaugh, a Trump appointee, writing 
for the 8-1 majority, stated that Texas did not have standing in its 
lawsuit against the Federal Government. He wrote:

       The threshold question is whether the States have standing 
     under Article III to maintain this suit. The answer is no.

  This bill does not change the Supreme Court's clear ruling. 
Determining whether States can bring suit in this type of immigration 
case is a power that is vested in the Federal courts, not Congress.
  Justice Kavanaugh also made clear that the discretion to arrest and 
detain aliens is a power granted to the executive branch and that:

       Executive branch does not possess the resources necessary 
     to arrest or remove all of the noncitizens covered by the 
     Federal immigration laws.

  That reality is not an anomaly. It is a constant.
  Kavanaugh noted, in addition, that: ``For the last 27 years . . . all 
five Presidential administrations have determined that resource 
constraints necessitated prioritization in making immigration 
arrests.''
  That means DHS cannot detain everybody, so the executive branch, not 
the States, have to make choices. Unfortunately, this bill would not 
give DHS the resources to change that.
  Instead, House Republicans rely on political stunts, like impeaching 
Secretary Mayorkas, even though that won't fix the problem at the 
border. The bipartisan Senate bill that House Republicans refuse to 
even debate actually would help to address these problems, but the 
majority won't bring that bill to the floor for a vote. If the 
Republicans did, it would pass. That is because we all know we need 
more border agents and more judges to eliminate the backlog of 
immigration cases.
  However, the Republicans are not proposing more resources or any 
legislation that might truly make a difference.

[[Page H1017]]

  This bill was not a serious attempt to address the actual border 
security needs and, as such, I would urge my colleagues to oppose it.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 2 minutes to the 
gentleman from California (Mr. McClintock), the chairman of the 
Judiciary Subcommittee on Immigration Integrity, Security, and 
Enforcement.
  Mr. McCLINTOCK. Mr. Speaker, Laken Riley's death was foreordained the 
day that this administration took office and reversed the successful 
Trump policies that had finally secured our borders.
  Since that day, just 3 years ago, more than 6 million illegal aliens 
have been allowed to enter our country, a population the size of the 
State of Missouri, our eighteenth largest State.
  Very little is done to vet these millions of illegal migrants. We 
don't know how many terrorists or violent criminals are among them. 
Additionally, worse, this administration seems not to care.
  However, we do know that the number of suspected terrorists that we 
are apprehending has skyrocketed and that violent international crime 
cartels and violent foreign gangs are now operating freely in our 
communities, often protected from deportation and detention by the 
Democrats' sanctuary laws.
  One of these criminals is now accused of the brutal murder of Laken 
Riley. We do not know how many such monsters this President has allowed 
into our country, but we are slowly, painfully, and tragically finding 
out victim by victim.
  In this case, the suspect was paroled into this country through a 
shocking abuse of power by this President. He was repeatedly arrested 
for theft and other crimes in sanctuary jurisdictions and was each time 
released back onto our streets.
  The bill before us would require this administration to detain 
illegal aliens who commit theft, burglary, larceny, or shoplifting, 
something it simply refuses to do. It would also allow States to bring 
civil action against Federal officials who refuse to enforce these 
laws.
  Today, the name on the bill is Laken Riley. Tomorrow, it will be 
another victim of these policies, another son or daughter or loved one, 
and it won't stop until this administration is stopped. That can only 
be done by the American people.
  The SPEAKER pro tempore (Mr. Duarte). Members are reminded to refrain 
from engaging in personalities toward the President.
  Mr. NADLER. Mr. Speaker, the previous speaker said that illegal 
aliens who committed crimes should be detained, and, indeed, they 
should. However, this bill says that illegal aliens who somebody thinks 
may have committed a crime should be detained mandatorily. That is un-
American.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 1 minute to the 
gentleman from Wisconsin (Mr. Tiffany).
  Mr. TIFFANY. Mr. Speaker, I stand in support of the Laken Riley Act.
  First, I want to express sincere condolences from everyone in the 
Seventh Congressional District to Laken Riley's family.
  Then-candidate Biden promised in 2020 that we would have open 
borders, and we have seen the devastating consequences, and it is 
happening all over the country.
  In January, a father of three daughters was killed by an illegal 
alien in my congressional district in northern Wisconsin. Once again, 
this illegal alien should have been deported by ICE agents when he was 
first convicted of drunk driving in 2023. Once again, the Biden 
administration chose not to deport him.

  Sadly, Mr. Speaker, this is hardly a surprise. In fact, in 2020, Joe 
Biden himself declared, I don't count drunk driving, when asked what 
crimes should merit the removal of illegal aliens. He is not alone.
  As we all know, just a few short weeks ago, 150 Democrats in this 
Chamber voted against legislation to deport criminal aliens convicted 
of drunk driving. Mr. Speaker, the sad truth is that both Laken Riley 
and Steven Nasholm's deaths were preventable.
  Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 2 minutes to the 
gentleman from Arizona (Mr. Biggs).
  Mr. BIGGS. Mr. Speaker, our hearts do go out to the family of Laken 
Riley.
  Now, we also must acknowledge that we can no longer take the feigned, 
empty words of sympathy from those across the aisle who refuse to do 
something meaningful to stop the onslaught that is happening in America 
today.
  Let's think about this. You need to acknowledge you haven't done 
anything. You sent to us a foreign aid bill that you have claimed is a 
border security bill. It is no such thing.
  However, let's face this fact, as well. Let's face the fact that the 
law requires detention already. The detention provisions of title 8 are 
civil in nature and not criminal in nature, and that is why there is 
already authority and mandates to hold people in custody when they 
haven't been convicted of various acts, such as drug distribution, 
prostitution, and other vices. This bill simply adds another criminal 
offense to a civil construct.
  Let's admit that you don't want to stop that. Let's admit that you 
don't really want to secure the border. If you wanted to secure the 
border and if this administration wanted to secure the border, there is 
authority under title 8 right now to enact border closure procedures.
  This administration has allowed people to come in running rampant. 
This administration should apologize to the family of the 11-year-old 
girl who was raped last week by a Guatemalan illegal alien who should 
never have been released from custody.
  This happens over and over again. It is time now to stand up and say 
you support this bill, and you are going to begin to take action to 
bring the border under control.
  If you want to talk about parole, we can go into a lengthy discussion 
about parole, but I am not going into a lengthy discussion.
  Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 1 minute to the 
gentleman from New Jersey (Mr. Van Drew).
  Mr. VAN DREW. Mr. Speaker, I thank the chairman for yielding.
  Laken Riley is dead because of Joe Biden's policies. There are no 
words that I can say that will bring her back to life. There are no 
words that will bring back State Trooper Christopher Gadd. There are no 
words that will bring back 16-year-old Lizbeth Medina. There are no 
words that will bring back all those who have been brutally beaten, 
murdered, and damaged by illegals who were let out on parole.
  However, for God's sake, pass the Laken Riley Act.
  Also, President Biden, stop paroling illegals over and over again. 
Stop killing our Americans. Stop hurting our Americans.
  The SPEAKER pro tempore. Members are reminded to direct their remarks 
to the Chair.
  Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 3 minutes to the 
gentleman from Georgia (Mr. Clyde).
  Mr. CLYDE. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise today in strong support of H.R. 7511, the Laken 
Riley Act, and our hearts do go out to her grieving family today.
  This bill is in remembrance of Laken Riley, the 22-year-old nursing 
student who was tragically murdered in my home community of Athens, 
Georgia, by an illegal alien who should never have even been in the 
United States. After illegally entering the country, Laken's murderer 
was arrested by the NYPD in September of 2023 for acting in a manner to 
injure a minor and for committing a motor vehicle license violation.
  Also, according to an Athens-Clarke County police report, this 
illegal alien went on to shoplift in Georgia the following month. 
Clearly, this illegal alien had a pattern of criminal history, one that 
started when he accepted Joe Biden's invitation to illegally enter our 
country and do so under an abuse of the parole system.

  He should never have been allowed to reside in the United States 
illegally, and ICE should have immediately issued a detainer after he 
committed these crimes because, ultimately, if ICE had issued a 
detainer, this illegal alien would never have been in the United States 
to commit the horrific murder of Laken Riley.

[[Page H1018]]

  We must enact changes now to protect communities across the country 
from facing additional avoidable tragedies. H.R. 7511 provides a 
commonsense solution to do just that. This legislation requires ICE to 
issue detainers and take custody of illegal aliens who commit crimes 
like theft, burglary, and larceny.
  Additionally, the local jurisdiction, the Clarke County Sheriff's 
Office, would also have to recognize and act upon the ICE detainer. 
When you have a sanctuary city like the Athens-Clarke County Unified 
Government ignoring these detainers, it makes them a magnet for 
criminal illegal aliens.
  Therefore, I call right now on Athens-Clarke County to publicly 
reject their sanctuary city policy. If they did, it would be a strong 
step in the right direction toward preventing our citizens from 
becoming future victims of violent crimes committed by illegal aliens.
  Additionally, the Laken Riley Act contains within it Representative  
Dan Bishop's own legislation that just passed out of the Judiciary 
Committee. It is called the Standing Up to the Executive branch for 
Immigration Enforcement Act. Hence, my friend, I want to recognize your 
part in making this legislation happen.
  These important provisions that Representative Bishop authored give 
State attorneys general standing to bring suit against DHS Secretary 
Mayorkas, Secretary of State Blinken, and Attorney General Garland for 
violating certain immigration laws that harm the State or its 
respective citizens. Representative Bishop's legislation also allows 
for appropriate injunctive relief and expedites the disposition of such 
civil actions.
  This important legislation is critical. As a cosponsor, I urge my 
colleagues on both sides of the aisle to support the Laken Riley Act. 
After all, one of the most formidable ways that Congress can deliver 
justice to the Laken Riley family is by passing this legislation.

                              {time}  1300

  Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 1 minute to the 
gentleman from New York (Mr. Molinaro).
  Mr. MOLINARO. Mr. Speaker, Laken Riley's future was taken away from 
her and she from her family because an illegal immigrant in the State 
of New York was arrested and released, my home State.
  My colleague across the aisle knows this full well. Because of 
policies put in place by this administration, embraced by governors 
like Kathy Hochul in States like New York, we have surrendered our 
southern border and made our communities less safe.
  It is important to move on this piece of legislation, and I encourage 
my colleagues to support the Laken Riley Act, but I also ask my 
colleagues, especially those from New York, to take serious the 
challenge that has been made worse and communities less safe because of 
cashless bail, catch and release, and sanctuary city policies in the 
State of New York.
  I ask them to join me in calling on Governor Kathy Hochul--instead of 
talking about it--to take action to rescind cashless bail, reform catch 
and release, and end sanctuary city policies to make safe the people 
and communities in the State of New York.
  Mr. NADLER. Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 1 minute to the 
gentleman from Louisiana (Mr. Scalise), the majority leader.
  Mr. SCALISE. Mr. Speaker, I thank my friend from North Carolina for 
yielding.
  Mr. Speaker, it is so important that we have this debate on the floor 
and that we pass the Laken Riley Act.
  It would be more significant if later tonight in this very Chamber 
Joe Biden joined us and said that he was going to finally take action, 
using the same pen that on day one when he became President he used to 
undo all of those actions that were securing our border if he would say 
he is going to reverse those actions.
  He can work to restore the remain in Mexico protocol, getting us back 
to a functioning asylum process. He could take direct action with his 
own pen, no act of Congress, to end catch and release, so that when 
people come here by the millions as they have, they are not just 
allowed to go into the interior of our country where we don't even know 
where they are going.
  Governors can't tell you how many people have come into their States 
illegally, where they are showing up. You see it in cities where they 
are showing up and they are shutting down schools and gymnasiums to 
house people.
  This is out of control and Joe Biden created the mess. He could solve 
it, but short of Joe Biden solving it, the House has taken multiple 
actions to address it.
  This Republican House came together last year to pass H.R. 2, a bill 
designed to actually secure America's border. We took all of those 
necessary actions, whether the President wants to or not, doing the 
things that it takes, working with our Border Patrol agents to secure 
America's border so that we don't have what we have seen, at least 8 
million people that have come across illegally.
  When you look at some of the devastating consequences, Laken Riley is 
just one example. I pray for her and I pray for her family. No family 
should have to go through what Laken Riley's family is still grieving 
with today, but, unfortunately, Mr. Speaker, this is not even an 
isolated incident.
  It is happening over and over again in communities all across America 
ever since Joe Biden opened our southern border, allowing millions of 
people to come in. You are seeing countries emptying out prisons to 
send people here. People on the terrorist watch list, over 140 that we 
know of on the terrorist watch list, that have been detained. How many 
that we don't know of that haven't been caught that are here in America 
planning to do us harm because Joe Biden opened the southern border?
  There is serious negative consequences to those actions that Joe 
Biden took. When you think about Kenner, Louisiana, a community in my 
backyard, part of which I represent in my district, just days ago a 14-
year-old girl was raped by someone here illegally.
  You saw just recently where a 2-year-old was murdered by someone here 
illegally. How many more communities are going to have to suffer? How 
many more families are going to have to be victims before Joe Biden 
admits this problem and then works with us to solve it?
  They tried passing a bill in the Senate that actually makes it worse, 
that codifies things like catch and release, and that gives over a 
billion dollars of your taxpayer money to fund lawyers for people here 
illegally.
  Yes, that was in the Senate bill that even the Senate didn't pass 
after all of that hoopla about a bipartisan coalescence. They didn't 
even pass that bill once they read it.
  The House did pass a bill to solve this problem. Today, we are coming 
together to pass another bill here with the Laken Riley Act to solve 
this problem, but the worst part of it is, this problem should have 
never happened if Joe Biden didn't take the steps he took with the pen 
to open the southern border. He could close it himself. He chooses not 
to.
  We came together and said, then we will close it, Mr. President, and 
issued veto threats on those bills. He wants an open border, but does 
he want the consequences to?
  Will he look those families in the eye and tell them enough is enough 
and apologize to them? He could do that tonight from that podium. I 
sure hope he does, but in the meantime what he really needs to do is 
work with us to end this madness, to secure America's border, and get 
back to a functioning, legal system of immigration in America like 
every other country has so that we don't see this endless flow that is 
devastating communities all across America.
  Mr. Speaker, let's pass the Laken Riley Act and, hopefully, there 
will be no more examples like Laken Riley in the future.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Mr. Scalise and the other Republicans are not serious 
about solving the problem we all talk about. Mr. Scalise says the 
solution is H.R. 2, a bill so serious it received 32 votes in the 
United States Senate, a body with 49 Republican Senators.

[[Page H1019]]

  If the Republicans were sincere and serious about solving this 
problem, they would vote for the $14 billion that the President has 
requested to hire more Border Patrol people and more judges so that 
asylum decisions can be made in weeks and not years, and he wouldn't 
have the problem of catch and release.
  If Republicans were serious, they wouldn't have tanked the Senate 
bill developed in negotiations with principally Senator Lankford, who 
is considered the second-most conservative Senator in the Senate, and 
that bill was going to be agreed to until President Trump decided--
former President Trump and hopefully never again President Trump--
decided that he would rather have an issue for the campaign than solve 
the problem, so he told the Republicans to tank the bill that they had 
just written.
  Let's talk about hypocrisy. That is what we are hearing in this 
Chamber. That is what we hear all the time from a Republican Party that 
loves the rhetoric, that loves to use the victimhood of people like 
Laken Riley for political purposes, but this is a Republican Party that 
does not want to solve this problem, will not take any serious step to 
solve this problem, and is trying to create a fraud on the American 
people by pretending that it cares about this problem.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I yield 5 minutes to the 
gentleman from Georgia (Mr. Collins), who represents Athens, Georgia.
  Mr. COLLINS. Mr. Speaker, I thank Representative Bishop for yielding.
  Mr. Speaker, I am proud to have introduced the Laken Riley Act, and I 
urge you to join me in voting to pass this bill today.
  As Joe Biden comes to the Capitol tonight to defend his atrocious 
record, the House is voting to rebuke him for the open border policies 
that led directly to Laken Riley's murder.
  Enough is enough. The President and the DHS Secretary Alejandro 
Mayorkas have released millions of illegal aliens into this country and 
they refuse to secure our border and keep Americans safe.
  Unfortunately, the man who murdered Laken was among those millions. 
Despite committing several crimes in multiple jurisdictions, he was 
allowed to roam free in America before brutally murdering Ms. Riley on 
the campus of the University of Georgia on February 22.
  Mr. Speaker, Laken was only 22 years old, a nursing student. She had 
her whole life and a bright future ahead of her. This young woman was 
an exemplary daughter, sister, and friend. She was cherished by so many 
people for her loving nature and her servant's heart. She would be with 
us today if elected leaders who took an oath to preserve our 
Constitution and faithfully execute our laws had kept their word, but 
they didn't.
  While we can't bring Laken back, we must now turn our focus to doing 
everything we can to prevent this from happening to another American.
  The Laken Riley Act is a key piece in our fight to restore the rule 
of law and get criminal illegal aliens off our street. This legislation 
will give Immigration and Customs Enforcement more tools. It will add 
theft to the list of crimes for which the agency must detain and deport 
an illegal alien.
  This is crucial. Many people who commit petty crimes go on to commit 
worse crimes. Laken's murderer, Jose Antonio Ibarra, is a prime example 
of this. Ibarra was cited for shoplifting in Athens, Georgia, just 
prior to murdering Laken, but under current law, ICE would not have 
been required to pick up Ibarra, even if local law enforcement had 
reported him.
  Let's change that.
  Let's also give States the legal recourse when the Federal Government 
fails to enforce immigration law. The Laken Riley Act does that. States 
will be able to sue the Federal Government for injunctive relief when 
illegals released into this country harm our people.
  Lastly, the bill condemns the President's border policies and calls 
on him to end catch and release, reinstate remain in Mexico, and secure 
the borders of the United States.
  Mr. Speaker, today we act on behalf of those who are no longer with 
us because of Joe Biden's policies. I thank my colleagues for rallying 
alongside me to highlight Laken Riley's life these past 2 weeks. Let's 
continue to pray for her family and friends as they grieve her loss and 
resolve to continue fighting for the American people against the 
lawlessness created by this administration.
  Mr. Speaker, I urge my colleagues to join me in voting ``yes'' on the 
Laken Riley Act, and when it passes, I also urge my colleagues in the 
Senate to take this up immediately.
  Let's ensure justice for Laken Riley.
  Mr. NADLER. Mr. Speaker, I am prepared to close, and I reserve the 
balance of my time.
  Mr. BISHOP of North Carolina. Mr. Speaker, I am prepared to close as 
well, and I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I want to close where I began, by expressing my deepest 
condolences to the family of Laken Riley. I only wish that we were 
debating a bill worthy of her name. Instead, we have the latest 
Republican press release, a bill that serves as an excuse to target and 
demonize immigrants while making our country no safer. I hope that my 
Republican colleagues will change course and choose to work with 
Democrats and with the administration in a constructive manner that 
improves our immigration system and makes our border more secure.
  Until then, I must urge Members to oppose this bill, and I yield back 
the balance of my time.

                              {time}  1315

  Mr. BISHOP of North Carolina. Mr. Speaker, I yield myself the balance 
of my time to close.
  H.R. 7511 is but the latest effort by Republicans to do something 
about the harm that confronts our Nation from an uncontrolled border by 
the determined action of President Biden and Democrats.
  H.R. 2 is an extensive bill with many provisions and extensive 
reform. Democrats have ignored it. This bill is exceedingly simple and 
straightforward. Democrats attack it. The excuses for doing nothing 
never end.
  The only answers offered by Democrats are to spend more money 
processing more aliens faster into the country, making the problem 
worse, and yet they always deflect blame to someone else for the 
calamitous results of their policies.
  This bill is very straightforward. The objection that a thief should 
not be deported until after a conviction leaves Americans to be 
victimized for all the time that would have gone by until a conviction. 
It is not required under the law.
  The distinction between the point the gentleman from New York made 
about Mr. Massie's bill concerning the use of facial recognition 
technology, that is about American citizens. The people involved here 
have no right to be in this country. They are not supposed to be here.
  They also object that the standing change, that the conferral of 
standing on State attorneys general is unconstitutional, will not work, 
but it is Justice Kavanaugh in the opinion of the Court in United 
States v. Texas who said:

       For example, Congress might specifically authorize suits 
     against the executive branch by a defined set of plaintiffs 
     who have suffered concrete harms by executive under-
     enforcement and specifically authorize the judiciary to enter 
     appropriate orders requiring additional arrests or 
     prosecutions by the executive branch.

  This bill takes that invitation from the Court to act. It is far past 
the time for President Biden to act. He will not act. Let's act in this 
United States Congress.
  We have the chance to give States the ability to fight back. We have 
the chance to recognize Laken Riley's story as a tragedy. There need 
not be other tragedies.
  Mr. Speaker, I urge all of my colleagues to vote ``yes'' on the Laken 
Riley Act, and I yield back the balance of my time.
  Ms. McCOLLUM. Mr. Speaker, I rise in opposition to H.R. 7511, the 
Laken Riley Act.
  For the third time in three months, House Republicans are bringing 
their repackaged partisan talking points to the floor and reviling 
America's immigrant communities. H.R. 7511 is another bill that 
undermines constitutional due process and politicizes a tragedy. The 
murder of Laken Riley is tragic, and it should not be exploited by 
Republicans looking to use it to pass their harmful legislation.

[[Page H1020]]

  This bill would compel the Department of Homeland Security to take 
into custody all non-citizens who have been arrested for theft. No 
conviction is required, and no additional resources are provided to the 
Department to carry out this mandate. As I've said before, in America, 
you are innocent until proven guilty. This has been the law of the land 
for hundreds of years. This bill is another poorly written slippery 
slope that undermines the rights of all people legally present in the 
United States.
  Laken Riley's murder is a tragedy. She was a 22-year-old college 
student who should still be alive today. Republicans are using this 
horrible event as a political ploy, when they should be coming to the 
table to find meaningful, bipartisan solutions to fix our broken 
immigration system. Until then, their dangerous and partisan ploys ring 
hollow.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 1052, the previous question is ordered 
on the bill.
  The question is on the engrossment and third reading of the bill.
  The bill was ordered to be engrossed and read a third time, and was 
read the third time.
  The SPEAKER pro tempore. The question is on passage of the bill.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. BISHOP of North Carolina. Mr. Speaker, on that I demand the yeas 
and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this question will be postponed.

                          ____________________