[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Page S190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 53. Mr. KAINE (for himself, Mr. Bennet, Mr. Hickenlooper, Mr. 
King, Mrs. Shaheen, Mr. Van Hollen, Mr. Welch, Mr. Merkley, Mr. Warner, 
and Mr. Lujan) submitted an amendment intended to be proposed by him to 
the bill S. 5, 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; which was ordered to lie on the table; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS.

       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 a semicolon; 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)(I) is convicted of a crime resulting in serious 
     bodily injury;
       ``(II) is convicted of any burglary, theft, or larceny 
     offense; or
       ``(III) has been arrested for, or is charged with, a 
     criminal offense described in subclause (I) or (II) and was 
     ordered removed in absentia under section 240(b)(5) or is 
     subject to a bench warrant for failing to appear in 
     connection with a criminal charge or citation described in 
     subclause (I) or (II),'';
       (2) by redesignating paragraph (2) as paragraph (6); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Definitions.--For purposes of paragraph (1)(E), the 
     terms `burglary', `theft', and `larceny', have the meanings 
     given such terms in the jurisdiction in which the acts 
     occurred.
       ``(3) Treatment of children.--No child who is younger than 
     16 years of age may be detained pursuant to subclause (II) or 
     (III) of paragraph (1)(E)(ii). A child who is 17 or 18 years 
     of age may not be detained pursuant to subclause (II) or 
     (III) of paragraph (1)(E) unless the Secretary of Homeland 
     Security determines, based on available evidence, that the 
     child poses a danger to the community or is a flight risk.
       ``(4) Procedure.--Any alien detained longer than 3 months 
     pursuant to paragraph (1)(E) may request a custody 
     determination hearing before an immigration judge, who shall 
     determine bond or other conditions for release only after 
     determining that such alien does not poses a danger to the 
     community.
       ``(5) 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 otherwise being detained by 
     Federal, State, or local law enforcement officials, 
     effectively and expeditiously take custody of such alien.''.
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