Understanding the Laken Riley Act: Expanding Mandatory Detention for Undocumented Non-Citizens

What is the Laken Riley Act?

The Laken Riley Act is a new immigration law that mandates Immigration and Customs Enforcement (ICE) to detain immigrants who have illegally entered the U.S. and are charged with, arrested for, or convicted of certain theft and violent crimes.

What Does the Laken Riley Act Do?

The Laken Riley Act introduces two significant changes to current immigration laws:

1. Mandatory Detention for Certain Crimes
   Non-citizens accused of crimes such as shoplifting and assaulting a law enforcement officer will be detained by ICE without the right to request release from an immigration judge while their case is pending. This includes arrests based on false accusations or admissions of committing a crime, potentially resulting in indefinite detention until the immigration case is resolved.

2. State Lawsuits Against Federal Immigration Decisions
   The Act grants states the authority to sue the U.S. government over immigration decisions they disagree with. For example, states can go to court to compel immigration agencies to continue detaining or deporting individuals.

Which Immigrants Will the Laken Riley Act Impact?

The Laken Riley Act will primarily affect undocumented immigrants who entered the U.S. illegally by crossing the border between ports of entry. These individuals face mandatory detention if they are arrested for, charged with, convicted of, or admit to committing any of the following crimes:

• Burglary: Breaking and entering with the intent to commit a crime inside.
• Theft or Larceny: Stealing or taking someone’s property without permission.
• Shoplifting: A specific type of theft committed against retail stores.
• Assault of a Law Enforcement Officer: Incidents involving assaults on law enforcement personnel.
• Crimes Resulting in Death or Serious Bodily Injury: Serious offenses, such as drunk driving, that result in significant harm or death to another person.

No Due Process for Immigrants

One major criticism of the Laken Riley Act is that it undermines due process. The law mandates the detention of undocumented non-citizens accused of the listed crimes without granting them the right to request a bond hearing before an immigration judge—even if they are never convicted. This means non-citizens can be detained indefinitely based on false accusations, potentially separating families and leading to unjust outcomes.

Expansion of Mandatory Detention for Immigrants

The Laken Riley Act significantly expands the scope of mandatory detention, which has been criticized as inhumane and overly punitive. By requiring detention for a broad range of offenses, including minor crimes like shoplifting, the Act could lead to:

• Detention of tens of thousands of additional individuals, many of whom pose no public safety risk.
• Overcrowding and inadequate conditions in immigration detention facilities.
• Strain on the immigration detention system.

What Will Be the Impact of the Laken Riley Act on Immigrants?

If implemented to its fullest extent, the Laken Riley Act is expected to increase the immigration detention system’s population by over 250%. Tens of thousands of individuals could spend months or even years in detention without the opportunity for release while their immigration cases are pending.

Know Your Rights

• You Have the Right to Remain Silent: If questioned by police or immigration agents, you can say, “I will not speak to you without my lawyer.”
• Consult with a Criminal Defense Lawyer: If charged with any crimes covered by the Laken Riley Act, inform your lawyer about your immigration status so they can work to minimize immigration consequences.
• Seek Advice from an Immigration Lawyer: If detained under the Act, speak with an immigration lawyer to explore possible avenues for release or legal immigration options.

Why Choose Our Immigration Law Firm?

At The Law Offices of Daniel Shanfield Immigration Defense PC, we understand the profound impact mandatory detention can have on individuals and families. We are committed to bringing families together and fighting for their right to stay in the U.S.

We offer:

• Expert Legal Representation: Decades of experience defending detained immigrants and securing legal residency.
• Personalized Support: Tailored services to meet your unique needs.
• Proven Track Record: A history of successfully defending clients facing deportation.

Contact Us Today

If you or a loved one is facing mandatory detention under the Laken Riley Act, contact us today to schedule a consultation with one of our experienced immigration attorneys. Let us help you fight to stay in the United States.