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Laken Riley ActSection 3 › Proposal

A state may sue over the detention and removal requirements for applicants for admission

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, section 3, Sec. 3. Written by .

A state may sue over the detention and removal requirements for applicants for admission

The document says “shallWho acts: attorney general of a State, other authorized State officerHow: statuteSec. 3 in the PDF
What the document says

“The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (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 such State in an appropriate district court of the United States to obtain appropriate injunctive relief.”

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, Sec. 3

Subsection (a) of section 3 amends section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) by inserting a new paragraph (3). The new paragraph gives a state attorney general, or another authorized state officer, standing to sue the Secretary of Homeland Security in a federal district court for injunctive relief, on an allegation that the detention and removal requirements of paragraph (1) or (2) were violated in a way that harms the state or its residents.

What the document actually says

“The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (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 such State in an appropriate district court of the United States to obtain appropriate injunctive relief.”

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, Sec. 3
That sentence, in plain words

A state's top law officer may sue the head of Homeland Security. The claim must be that a rule about holding or sending back people was broken. The state must show it was hurt.

What this is about

To sue, you must have standing. That means a court will hear you at all. This gives states that right for these rules.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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