The Laken Riley Act is a major proposal in the ongoing discussions about immigration enforcement. On January 22, 2025, the House agreed to the Senate’s version of the bill with a 263–156 vote. Then, President Donald Trump signed the bill into law on January 29, 2025. Its main goal is to address gaps in how the U.S. handles immigration. The bill aims to make big changes in how non-citizens are treated under the law, especially those accused or convicted of certain crimes. While it might seem like just another new law, it has the potential to significantly affect immigration enforcement and the lives of thousands of immigrants.
What is the Laken Riley Act?
The Laken Riley Act is designed to tighten immigration enforcement by requiring the Department of Homeland Security (DHS) to detain non-U.S. nationals arrested for certain crimes. These include burglary, theft, larceny, or shoplifting, even if the individual in question has legal status in the U.S. The law applies to individuals unlawfully present in the country or those who did not possess the required documents during their application for admission.
In addition to mandating detention for certain offenses, the Act grants state governments the power to sue the federal government for failing to carry out immigration enforcement duties properly. For example, states could sue over decisions like releasing an individual from detention or failing to follow regulations for inspecting individuals seeking asylum.
While this bill focuses heavily on individuals who have committed crimes, the broad language of the Act leaves room for ambiguity, which raises concerns about its impact on those who might be wrongfully detained or have committed minor offenses.
Key Provisions of the Laken Riley Act
- Mandatory Detention for Certain Offenses
The Laken Riley Act stipulates that any non-citizen arrested for or convicted of specific crimes—including theft, assaulting law enforcement officers, or crimes causing serious bodily injury or death—must be detained. This applies regardless of the person’s immigration status. This means that even lawful permanent residents (LPRs), those on temporary visas, or asylum seekers could be detained if charged with any of the covered offenses.
This provision particularly concerns individuals who may face detention for minor offenses. It fails to distinguish between serious and minor charges, making mandatory detention possible for individuals who otherwise would not be considered a flight risk or threat to public safety.
- Elimination of Bond for Detained Immigrants
Under the Laken Riley Act, immigrants detained under its provisions may no longer be eligible for bond. This could result in prolonged detention before their trial or conviction, as they would have to wait indefinitely for their court proceedings without the possibility of bond.
This provision raises significant due process concerns, as individuals could remain detained for extended periods, even if they are later found innocent or if charges are dropped. This extended period of detention can have a devastating impact on an immigrant’s life, including job loss, family separation, and financial hardship.
- Expanded State Power to Sue the Federal Government
Another striking aspect of the Laken Riley Act is its increased authority over state governments. States can now sue the Department of Homeland Security (DHS) for alleged failures related to immigration enforcement, mainly if those failures harm the state or its residents. For example, states could sue DHS for releasing a non-U.S. national from custody or failing to meet requirements regarding asylum interviews.
This provision could create significant tension between state and federal authorities. While federal immigration policies apply nationwide, state governments may take matters into their own hands if they believe the federal government is not effectively enforcing immigration laws. This could lead to confusion and inconsistent enforcement across the country.
How Could This Impact Legal Immigrants?
- Lawful Permanent Residents (Green Card Holders)
Green card holders are often seen as lawfully residing in the U.S., with many enjoying long-term stability. However, the Laken Riley Act’s broad language means that even green card holders could face mandatory detention if charged with certain offenses, regardless of whether those offenses are considered minor or severe.
For example, a green card holder charged with shoplifting could be detained under the Act and potentially face deportation if convicted. The law does not differentiate between minor infractions and serious crimes, which can lead to unnecessarily harsh treatment for those who would otherwise be entitled to stay in the U.S. legally.
The potential consequences for green card holders are severe. Extended detention could make it difficult for them to maintain employment, housing, or family responsibilities.
- Visa Holders (H-1B, L-1, O-1, F-1, etc.)
Visa holders are another group that could severely impact the Laken Riley Act. Even an arrest or charge, regardless of the outcome, could trigger the revocation of a visa. For example, those on work visas such as H-1B or L-1 could find their visa status jeopardized by criminal charges.
The Laken Riley Act expands the list of offenses that could lead to detention, which means visa holders are at greater risk of losing their status. This can have significant consequences, including the loss of employment opportunities and, for those on temporary visas, the possibility of being forced to leave the country.
- Asylum Seekers and Refugees
Asylum seekers and refugees already struggle to navigate the U.S. immigration system, and the Laken Riley Act makes things even harder. Under this law, authorities can detain people without bond, even for minor criminal charges. For those fleeing danger and seeking asylum, this means more uncertainty and stress in an already difficult process.
While the stated intent of the Act is to protect public safety, it also puts asylum seekers and refugees at risk of being detained unfairly, with no chance of release while their cases move through the system. This could leave many stuck in legal limbo for months or even years.
Speak With an Immigration Attorney Today!
An immigration attorney can explain how the law applies to your situation, help you understand your rights, and devise a plan to protect yourself. If you’re worried about detention or anything else related to your immigration status, a lawyer can guide you through your options.
Contact us today at 954.667.3660. We’re here to help you navigate this situation, answer your questions, and provide your support.