Summary
Forces the government to detain non-citizens charged with theft and gives states the power to sue federal officials who do not follow this rule.
What problem does this solve?
Some non-citizens arrested for crimes are released, which critics say is a public safety risk. This law mandates their detention and empowers states to sue the federal government to ensure they are held.
Who does this affect?
- Non-citizens in the U.S.
- State governments
- Department of Homeland Security
What does this law do?
Mandatory detention for theft charges
Requires the Department of Homeland Security to take custody of any non-citizen who is charged with, arrested for, or convicted of crimes like burglary, theft, larceny, or shoplifting.
States can sue the federal government
Allows a state's attorney general to sue the federal government if they believe immigration officials are failing to detain or remove non-citizens as required by law.
Lowers the bar for states to sue
Defines harm to a state as any financial cost over $100. This makes it much easier for states to have the legal right to sue the federal government over immigration enforcement.
Fast-tracks state lawsuits
Requires federal courts to speed up and prioritize any lawsuit brought by a state against the federal government under this act.
What is the real world impact?
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Detention based on accusation, not conviction
Mandates detention for non-citizens who are only charged with a crime, not yet found guilty. This could lead to people being jailed who are later proven innocent, raising fairness questions.
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Empowering states to challenge federal policy
Gives state attorneys general a new tool to sue the federal government over immigration enforcement.
When does this start?
This law goes into effect on January 29, 2025.