The Laken Riley Act: A New Threat to Immigrant Rights and Due Process
On January 29, 2025, President Donald Trump signed the Laken Riley Act into law, marking the first legislation of his second term. This law significantly expands the federal government’s authority to detain noncitizens – without bond – based solely on an arrest or accusation, not a conviction.
What Is Mandatory Detention?
Mandatory detention refers to the practice where Immigration and Customs Enforcement (ICE) is required to detain certain individuals without the possibility of release on bond while their immigration cases are pending. Under this law, ICE must detain individuals who are:
Inadmissible under specific provisions of the Immigration and Nationality Act (INA), such as entering without inspection, committing immigration fraud, or lacking valid entry documents. Charged with, arrested for, convicted of, or admitting to committing certain offenses.
Expanded List of Offenses Under the Laken Riley Act
The Laken Riley Act broadens the scope of mandatory detention to include noncitizens associated with the following offenses:
- Burglary
- Theft
- Larceny
- Shoplifting
- Assault of a law enforcement officer
- Any crime resulting in death or serious bodily injury
Notably, these terms are defined according to the laws of the jurisdiction where the act occurred, which can vary widely.
Who is potentially affected?
The Laken Riley Act applies to a broad range of noncitizens, including individuals who entered the U.S. without permission, used false documents, or misrepresented important facts to immigration authorities. Shockingly, the law does not allow for release even if criminal charges are eventually dismissed. It impacts not only undocumented individuals but also those with legal protections – such as asylum seekers, DACA recipients, and people with Temporary Protected Status (TPS). Even minors are not exempt from these strict detention rules.
If you or someone you know is an immigrant who has been arrested or charged with any of the offenses listed above, it’s crucial to seek legal counsel immediately. Understanding your rights and the potential consequences is essential in navigating this complex legal landscape.
