The Laken Riley Act, passed by the House of Representatives and being considered by the Senate, is an act that does little to change immigration law. But there are two expansions of the existing law.  One, the Homeland Security “shall” [i.e. must] detain an unauthorized person in the event they are “charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense.”  That is, they cannot be released pending further legal action, but must be detained, even for shoplifting.

Two, the law grants a state Attorney General standing to file suits to enforce certain provisions of existing law if an unauthorized person within that state commits a “harm” as defined by law. A state Attorney General can get a court to require Homeland Security to apply a power already in place, which is to deny the issuance of all visas to a that person’s country if that country tends not to accept their citizens subject to deportation. At this time, these countries include China, India, Venezuela, Cuba, Ethiopia, Eritrea, Pakistan, Russia and Somalia.  For example, if an unauthorized person in Texas who is a citizen of Ethiopia falls within the scope of this law, the Attorney General of Texas can through a court stop all visa issuance for persons from Ethiopia.

The second of these provisions is what is controversial.