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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.
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
Written by the nonpartisan Congressional Research Service, describing S. 5 as public Law on Jan 29, 2025. It is not the text of the measure; a later amendment may have changed what it does.
Jan 9, 2025Each bar: ✓ Yea from the bottom, ✕ Nay aboveJan 22, 2025
Senate Jan 20, 2025 · the primary vote
S. 5, As Amended
Bill Passed
64 Yea 35 Nay
Crossed both parties 12 of 99 voting members broke with their own party: 12 Democrats.
DemocratsIndependentsRepublicansFilled: YeaRing: NayGrey: not voting or present
99 members on this roll call, from the official Senate record. Party majorities need at least five voting members, so an independent never counts as breaking with a party.
Signing on is not a vote: a member can cosponsor S. 5 and vote against it. 33 signed when it was filed.
Organizations that named S. 5 in a lobbying disclosure. Only those that cited the bill by number appear, so this is a floor, not a full list.
48 disclosures name this measure. Retrieved from LDA.gov on 2026-10-25. Senate Office of Public Records cannot vouch for the data or analyses derived from these data after the data have been retrieved from LDA.gov.