[Congressional Record Volume 170, Number 50 (Thursday, March 21, 2024)]
[Senate]
[Pages S2543-S2544]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1734. Mr. BUDD (for himself, Mrs. Britt, and Mr. Braun) submitted 
an amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page 426, between lines 12 and 13, insert the following:

     SEC. 552.(A) THIS SECTION MAY BE CITED AS THE ``LAKEN RILEY 
                   ACT''.

       (b)(1) Congress finds that the people of the United 
     States--
       (A) mourn the devastating loss of Laken Riley and other 
     victims of the Biden administration's open borders policies;
       (B) honor the life and memory of Laken Riley and other 
     victims of the Biden administration's open borders policies; 
     and
       (C) denounce the open borders policies of President Joe 
     Biden, ``Border Czar'' Vice President Kamala Harris, 
     Secretary of Homeland Security Alejandro Mayorkas, and other 
     officials in the Biden administration.
       (2) It is the sense of Congress that--
       (A) the Biden administration should not have released Laken 
     Riley's alleged murderer into the United States;
       (B) 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;
       (C) President Biden should publicly denounce his 
     administration's immigration policies that resulted in the 
     murder of Laken Riley; and
       (D) President Biden should prevent another murder like that 
     of Laken Riley by--
       (i) ending the catch-and-release of illegal aliens;
       (ii) increasing immigration enforcement;
       (iii) detaining and removing criminal aliens;
       (iv) reinstating the Remain in Mexico policy;
       (v) ending his abuse of parole authority, and
       (vi) securing the borders of the United States.
       (c) Section 236(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraphs (A) and (B), by striking the comma at 
     the end of each such subparagraph and inserting a semicolon;
       (B) in subparagraph (C), by striking ``, or'' and inserting 
     a semicolon;
       (C) in subparagraph (D), by striking the comma at the end 
     and inserting ``; or''; and
       (D) 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, 
     or admits having committed acts constituting the essential 
     elements of any burglary, theft, larceny, or shoplifting 
     offense (as such terms are defined in the jurisdiction in 
     which such acts occurred),'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Detainer.--The Secretary of Homeland Security shall--
       ``(A) issue a detainer for any alien described in paragraph 
     (1)(E); and
       ``(B) if such alien is not being detained by Federal, 
     State, or local officials, take custody of such alien 
     effectively and expeditiously.''.
       (d)(1) Section 212(d)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(5)) is amended--
       (A) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (B) in subparagraph (A)--
       (i) by striking ``his discretion'' and inserting ``in the 
     discretion of the Secretary'';
       (ii) by striking ``he may'' and inserting ``the Secretary 
     may'';
       (iii) by striking ``he was'' and inserting ``the alien 
     was''; and
       (iv) by striking ``his case'' and inserting ``the alien's 
     case''; and
       (C) by adding at the end the following:
       ``(C)(i) The attorney general of a State, or another 
     authorized State officer, alleging a violation of 
     subparagraph (A), which requires the granting of parole be 
     decided on a case-by-case basis and solely for urgent 
     humanitarian reasons or a significant public benefit, which 
     harms such State or its residents shall have standing to seek 
     appropriate injunctive relief through 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.
       ``(ii) The court in which a civil action is brought 
     pursuant to clause (i) shall advance on the docket and 
     expedite the disposition of such action to the greatest 
     extent practicable.
       ``(iii) In 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.''.
       (2) Section 235(b) of such Act (8 U.S.C. 1225(b)) is 
     amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following:
       ``(3) Enforcement by the attorney general of a state.--
       ``(A) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging a violation of the 
     detention and removal requirements under paragraph (1) or 
     (2), which 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.
       ``(B) Expedited proceedings.--The court in which a civil 
     action is filed pursuant to subparagraph (A) shall advance on 
     the docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(C) Harm.--In subparagraph (A), 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.''.
       (3) Section 236 of such Act (8 U.S.C. 1226), as amended by 
     section 3, is further amended--
       (A) in subsection (e), by striking ``or release of any 
     alien or the grant, revocation, or denial'' and inserting 
     ``of any alien or the revocation or denial''; and
       (B) by adding at the end the following:
       ``(f) Enforcement by the Attorney General of a State.--
       ``(1) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging an action or 
     decision by the Attorney General or the 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 seek injunctive relief by 
     bringing an action against the Attorney General or 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.
       ``(2) Expedited proceedings.--The court in which a civil 
     action is filed pursuant to paragraph (1) shall advance on 
     the docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(3) Harm.--In subparagraph (A), 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.''.
       (4) Section 241(a)(2) of such .Act (8 U.S.C. 1231(a)(2)) is 
     amended--
       (A) by striking ``During the removal period,'' and 
     inserting the following:
       ``(A) In general.--During the removal period,''; and
       (B) by adding at the end the following:
       ``(B) Enforcement by the attorney general of a state.--
       ``(i) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging a violation of the 
     detention requirement under subparagraph (A) that harms such 
     State or its residents shall have standing to seek injunctive 
     relief by bringing 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.
       ``(ii) Expedited proceedings.--The court in which a civil 
     action is filed pursuant to clause (i) shall advance on the 
     docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(iii) Harm.--In clause (i), 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.''.
       (5) Section 242(f) of such 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).''.

[[Page S2544]]

       (6) Section 243 of such Act (8 U.S.C. 1253) is amended by 
     adding at the end the following:
       ``(e) Enforcement by the Attorney General of a State.--
       ``(1) Standing.--The attorney general of a State, or 
     another authorized State officer, alleging a violation of the 
     requirement to discontinue granting visas to citizens, 
     subjects, nationals, and residents described in subsection 
     (d), which harms such State or its residents, shall have 
     standing to seek injunctive relief by bringing 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.
       ``(2) Expedited proceedings.--The court in which a civil 
     action is filed under paragraph (1) shall advance on the 
     docket and expedite the disposition of such action to the 
     greatest extent practicable.
       ``(3) Harm.--In paragraph (1), 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.''.
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