This act requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person. The act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement.
Under this act, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of the above crimes.
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The act also authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a
decision to release a non-U.S. national from custody;
failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
failure to detain an individual who has been ordered removed from the United States.
Considered as unfinished business. (consideration: CR H285-286)
POSTPONED PROCEEDINGS - At the conclusion of the debate on S. 5, the Chair put the question on passage of the bill and by voice vote announced that the ayes had prevailed. Mr. Raskin demanded the yeas and nays and the Chair postponed further proceedings until a time to be announced.
The previous question was ordered pursuant to the rule.
DEBATE - The House proceeded with one hour of debate on S. 5.
Rule provides for consideration of H.R. 471 and S. 5. The resolution provides for consideration of H.R. 471 under a structured rule with one hour of general debate and one motion to recommit. Also, the resolution provides for consideration of S. 5 under a closed rule with one hour of general debate and one motion to commit.
Considered under the provisions of rule H. Res. 53. (consideration: CR H277-284)
Rule H. Res. 53 passed House.
Rules Committee Resolution H. Res. 53 Reported to House. Rule provides for consideration of H.R. 471 and S. 5. The resolution provides for consideration of H.R. 471 under a structured rule with one hour of general debate and one motion to recommit. Also, the resolution provides for consideration of S. 5 under a closed rule with one hour of general debate and one motion to commit.
Held at the desk.
Received in the House.
Message on Senate action sent to the House.
Passed Senate with an amendment by Yea-Nay Vote. 64 - 35. Record Vote Number: 7. (text: CR S250-251)
Source last updated: Oct 22, 2026. Consult Congress.gov for the current record.
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