The Laken Riley Act
20 January 2025The Laken Riley Act is a proposed U.S. law aimed at strengthening immigration enforcement by mandating the detention of undocumented individuals charged with theft-related offenses and granting states the authority to sue federal agencies for lapses in immigration enforcement. Named after Laken Riley, a 22-year-old nursing student from Georgia who was tragically murdered in February 2024 by an undocumented immigrant with prior theft charges, the act seeks to prevent similar incidents by tightening existing policies.
Key Provisions of the Laken Riley Act
Mandatory Detention for Theft-Related Offenses
The act requires the Department of Homeland Security (DHS) to detain non-U.S. nationals who have been charged with, arrested for, or convicted of theft-related crimes, including burglary, larceny, and shoplifting.
Congress.gov | Library of Congress
State Authority to Sue Federal Agencies
It empowers state attorneys general to file lawsuits against federal officials, including the Secretary of Homeland Security, for failing to enforce immigration laws, particularly in cases where such failures result in harm to the state or its residents.
Congress.gov | Library of Congress
Recent Congressional Actions
House of Representatives
On January 7, 2025, the House passed the Laken Riley Act with a 264-159 vote. All Republican members and 48 Democrats supported the bill, marking it as the first piece of legislation approved in the 119th Congress.
Senate
On January 9, 2025, the Senate advanced the bill with an 84-9 vote, allowing it to proceed to formal debate. This bipartisan support indicates a significant legislative momentum toward its potential enactment.
Implications for Immigrants
Increased Detention
Undocumented individuals charged with theft-related offenses, regardless of conviction status, may face mandatory detention without the possibility of bond. This could lead to prolonged detention periods, even for minor infractions.
Legal Challenges
The provision allowing states to sue federal agencies may result in a surge of legal actions, potentially leading to inconsistent enforcement of immigration laws across different states.
Constitutional Concerns
Critics argue that the act could infringe upon due process rights and exacerbate issues related to racial profiling and discrimination within immigrant communities.
As the Laken Riley Act progresses through the legislative process, it remains a focal point in the broader debate over immigration reform, balancing national security concerns with the rights and freedoms of individuals.
If passed and signed into law, the Laken Riley Act will significantly expand the category of immigrants subject to mandatory detention in the USA. A person in detention generally has much lower chances of winning their removal proceedings than an individual who is not detained. As such, the Laken Riley Act will be viewed as a key instrument in mass deportation plans announced by the Republicans.
Due to the proposed amendment(s) to the act, it may have to be re-voted on by the House, and this may delay or even cancel the adoption of the entire bill.