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.
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.
Who does this affect?
- Non-citizens in the U.S.
- State governments
- Department of Homeland Security
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.