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State Authority to Sue Under the Laken Riley Act: A Legal Analysis

  • By: Immigration Attorney Osas Iyamu
  • Published: January 23, 2025
State Authority to Sue Under the Laken Riley Act

The Laken Riley Act, introduced in the U.S. House of Representatives on January 3, 2025, includes a provision that significantly expands the authority of state attorneys general to sue federal officials over immigration enforcement decisions. This aspect of the legislation has sparked considerable debate regarding its potential impact on the balance of power between state and federal governments.

Key Provisions of State Authority to Sue

Under the Act, state governments are empowered to seek injunctive relief against the federal government for specific immigration-related actions or inactions that result in harm to the state or its residents, including financial harm exceeding $100. States may initiate lawsuits over:

  • Decisions to Release Non-U.S. Nationals: If federal authorities release an undocumented individual from custody, states can challenge such decisions.
  • Failures in Immigration Inspections: States can sue over alleged lapses in inspecting individuals seeking admission into the United States, including shortcomings in asylum interviews.
  • Visa Issuance to Non-Compliant Countries: If the federal government continues to issue visas to nationals of countries that unreasonably deny or delay accepting their citizens’ return, states can seek legal recourse.
  • Violations of Parole Limitations: States are authorized to sue over breaches of limitations on immigration parole, such as instances where parole is not granted on a case-by-case basis.
  • Failures to Detain Individuals Ordered Removed: If the federal government does not detain individuals who have been ordered removed from the United States, states can file lawsuits.

Implications and Criticisms

Critics argue that this provision could lead to a surge in litigation, potentially overwhelming federal courts with cases challenging individual detention and release decisions.The National Immigration Law Center (NILC) warns that the Act could “hobble the executive branch’s ability to make immigration policy,” as fed eral agencies might face constant litigation from states governed by opposing political parties.

Furthermore, the NILC highlights that the Act “provides blanket standing regardless of whether a state has any interest whatsoever in the case or policy being challenged,” potentially leading to judicial chaos.

In response to these concerns, Senator Chris Coons introduced an amendment aimed at removing the provision that allows state attorneys general to sue the federal government over individual detention decisions. Senator Coons emphasized that such lawsuits could create “uncertainty or even chaos by encouraging conflicting lawsuits brought in different states in different courts.” However, the Senate did not adopt this amendment, leaving the provision intact in the current version of the bill.

Conclusion

The expansion of state authority to sue the federal government, as outlined in the Laken Riley Act, represents a significant shift in immigration policy enforcement. While proponents argue it enhances state-level oversight and accountability, opponents caution that it may undermine federal authority and lead to a fragmented and litigious approach to immigration enforcement. As the Act progresses through the legislative process, these debates underscore the complexities inherent in balancing state and federal roles in managing immigration.

Disclaimer: This blog post is for informational purposes only and should not be construed as legal advice. Always consult with a qualified immigration attorney regarding your specific situation.

Osas Iyamu

Distance Is No Barrier, Call Us Now!
(800) 974-6480
(352) 237-2403