The Department of Homeland Security (DHS) recently touted the Laken Riley Act as the “first piece of legislation [signed] into law” by President Trump in his second term. Although Republicans in Congress strongly advocated for the law, it received bipartisan support.
The new law allows Immigration and Customs Enforcement (ICE) to detain and deport undocumented immigrants who are arrested for theft-related crimes including burglary and shoplifting as well as crimes that involve serious bodily injury or death.
The law is named for nursing student who was killed by an undocumented man who came to the U.S. from Venezuela. He had been arrested for shoplifting but was free when he killed the young woman last year. Those behind the law argue that if he had been kept under detention or deported after that shoplifting offense, he wouldn’t have been free to commit a far more serious crime.
Questions remain around constitutionality and enforcement
Immigrants’ rights groups advocated against the law on the grounds that it doesn’t allow undocumented immigrants their constitutional right to due process because it allows authorities to hold them indefinitely after arrest for allegedly committing nonviolent misdemeanors. Further, they note that statistically, immigrants (even those who are undocumented) commit fewer crimes than U.S. citizens do.
Whether the new law can be enforced is another question. It’s going to cost a lot of money and require considerable space for all the additional people who will be detained.
This is already an extremely stressful and confusing time for those who are in the country without the appropriate documentation and for their families and loved ones. Now the chances of deportation are higher than ever. That’s just one reason why it’s critical if you have questions or concerns about an undocumented loved one who has been arrested to get experienced legal guidance.