A state may sue over detention during the removal period
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.
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A state may sue over detention during the removal period
The document says “shall”Who 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 requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security”
Subsection (e) of section 3 amends section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)). It labels the existing text as subparagraph (A) and adds a new subparagraph (B) giving 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 requirement in subparagraph (A) was 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 requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security”
That sentence, in plain words
A state's top law officer may sue over holding people. The claim is that a rule about the removal period was broken.
What this is about
The removal period is a stretch of time set aside for sending a person home. The old text gets the label 'A' so the new words can point at it.
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.
Laken Riley Act, Public Law 119-1, sec. 3, 139 Stat. 3 (2025). https://www.govinfo.gov/content/pkg/PLAW-119publ1/html/PLAW-119publ1.htm
This page
“A state may sue over detention during the removal period,” Laken Riley Act, section 3, Sec. 3. Read the Mandate, https://readthemandate.org/laken-riley-act/proposal/sec03-standing-over-removal-period-detention/ (retrieved August 26, 2026).
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