The Laken Riley Act, signed into law by President Donald J. Trump in January 2025, represents a significant shift in the enforcement of immigration laws in the United States. It specifically focuses on criminal activity by non-citizens.

Named after Laken Riley, a Georgia nursing student tragically killed in 2024, the act seeks to address public concerns over immigration enforcement and criminal accountability.

Passed with strong bipartisan support, the Laken Riley Act has garnered both praise and criticism for its significant impact on immigration policy and potential effects on civil rights. This bipartisan backing underscores the careful consideration and balance that went into crafting this legislation.

The Laken Riley Act requires U.S. Immigration and Customs Enforcement (ICE) to detain and repatriate illegal aliens who commit theft, burglary, larceny, shoplifting, assault against police officers, and crimes that result in serious bodily harm or death.

The Act also increases the scope of those subject to mandatory immigration detention to include many undocumented immigrants and those with lawful status, such as Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS), if they are arrested for any theft or violence.

The Act requires the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft and for other purposes. The Act also allows states to sue the Department of Homeland Security for alleged failures in immigration enforcement.

Simply put, the law mandates the federal detention of illegal immigrants who are accused of certain offenses and any crime that causes death or serious bodily injury, such as drunk driving.

The Act amends Sections 212(d)(5), 235(b), 236, 241(a)(2), 242(f), and 243 of the Immigration and Nationality Act. These amendments expand mandatory detention and give the state attorney general authority to bring certain types of actions.

If you are an undocumented immigrant accused of a crime, it is crucial to understand the ramifications of this law and its potential impact on your life.

Background and Key Provisions

The Laken Riley Act came in response to national outrage over the handling of certain crimes committed by unauthorized immigrants. Laken Riley's death, caused by a man who had entered the United States illegally and was released pending immigration proceedings, became a touchpoint in debates over border security and law enforcement.

Advocates of the law argue that it strengthens the government's ability to address such cases and closes gaps in federal immigration enforcement.

The Laken Riley Act, building on existing provisions in the Immigration and Nationality Act (INA), introduces a range of significant measures. These include mandatory detention for certain crimes, state enforcement and the right to sue federal agencies, expedited legal proceedings, and amendments to bond and release policies. It covers the following areas: 

• Mandatory Detention for Certain Crimes: A primary feature of the act is the expansion of mandatory detention requirements for unauthorized (i.e., undocumented) immigrants who commit crimes. Federal officials must detain those charged with or convicted of offenses such as theft, burglary, assault on law enforcement officers, or other crimes causing serious injury or death. These detention rules also apply to individuals who admit to committing such acts.
• State Enforcement and Lawsuits: The law grants state officials, particularly attorneys general, the authority to initiate lawsuits against the Department of Homeland Security (DHS) or other federal agencies. States can take legal action if they believe federal authorities have failed to comply with the law's detention or enforcement requirements, especially if such failures result in financial harm exceeding $100 to the state or its residents.
• Expedited Legal Proceedings: To ensure swift resolution, the act directs courts to prioritize cases arising from disputes under its provisions. Legal challenges and lawsuits brought by states are given expedited treatment to avoid unnecessary delays in enforcement.
• Amendments to Bond and Release Policies: The act restricts federal authorities from granting parole or release to detained individuals under its guidelines, emphasizing stricter oversight in cases involving alleged criminal activity.

These provisions reflect a comprehensive approach to preventing potential public safety risks linked to undocumented immigrants with criminal charges.

Controversy and Debate

Despite its bipartisan support in Congress, the Laken Riley Act has not been without controversy. Immigrant rights and civil liberties groups, in particular, have raised concerns about its implications.

Critics of the bill expressed concern that it required the deportation of illegal immigrants who were charged, as opposed to actually convicted, of a crime.

Critics argue that the legislation risks undermining due process protections for non-citizens by expanding federal authority without adequate safeguards. Some organizations that opposed the bill include:

• The American Immigration Council,
• The American Civil Liberties Union,
• The Center for Constitutional Rights,
• The League of Women Voters,
• The NAACP Legal Defense and Educational Fund,
• The Jewish Council for Public Affairs,
• The National Education Association,
• The National Organization for Women,
• The Southern Poverty Law Center,
• The United Steelworkers,
• The United Church of Christ,
• The National Council of Churches,
• The National Association of Social Workers,
• The Coalition of Black Trade Unionists,
• The Leadership Conference on Civil and Human Rights,

• The Center for Law and Social Policy.

Concerns Over Civil Rights

One major point of contention involves the potential for immigrants to be detained based simply on accusations rather than convictions.

The law's language allows federal officials to take custody of individuals charged with crimes, raising fears of wrongful detention and disproportionate targeting of immigrant communities.

Critics worry that individuals falsely accused of minor crimes, such as shoplifting, could face extended detention or deportation proceedings without the opportunity to defend themselves fully.

Impact on Immigrant Communities

The Laken Riley Act's broad detention policies have raised concerns about their potential impact on mixed-status families and communities.

Immigrants accused of crimes could face immediate detention, possibly without verifying their documentation status, risking separation from their families even before their cases are resolved.

This could further discourage immigrants, documented or undocumented, from reporting crimes or cooperating with law enforcement for fear of becoming ensnared in the system themselves.

Advocates for immigrant rights have emphasized the risk to individuals who may be unfairly accused or even coerced into admitting to crimes they did not commit. Without proper legal representation, such individuals could face devastating consequences, including deportation, loss of employment, and family disintegration.

The Importance of Legal Representation

For immigrants, the Laken Riley Act underscores the critical importance of securing experienced legal representation if accused of a crime.

While the law primarily targets undocumented immigrants, there are concerns that even those in the country legally could be denied due process under this law, facing not only criminal repercussions but also the possibility of immigration detention and deportation proceedings.

Understanding your rights and having a skilled attorney by your side can make a significant difference in navigating these complex systems. Navigating federal criminal and immigration systems is complex, and the stakes are higher now, given the act's expanded authority for detention and deportation.

Having legal representation by an experienced federal criminal defense attorney is essential to ensure due process rights are protected, evidence is properly examined, and all legal options are pursued.

Attorneys familiar with both criminal and immigration law can provide the legal knowledge and experience needed to challenge wrongful accusations or negotiate favorable outcomes. For more information, contact Eisner Gorin LLP, a federal criminal defense law firm based in Los Angeles, California.

Related Content:

• The Laken Riley Act
• Federal Visa Fraud Laws
• Crimes of Moral Turpitude
• DV Immigration Consequences
• Immigration and Nationality Act