In January 2025, the U.S. Congress passed the Laken Riley Act, marking a significant shift in immigration enforcement policy.
The Act requires the Department of Homeland Security to detain certain non-U.S. nationals who have been arrested for theft-related offenses such as burglary, theft, larceny, or shoplifting.
Under this Act, the Department of Homeland Security must detain an individual who:
(1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and
(2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.
The Act also authorizes states to sue the federal government for decisions or alleged failures related to immigration enforcement. It authorizes state governments to sue for injunctive relief over certain immigration-related decisions or alleged failures by the federal government if the decision or failure caused the state or its residents harm, including financial harm of more than $100. Specifically, the state government may sue the federal government over a:
- Decision to release a non-U.S. national from custody;
- Failure to fulfill requirements relating to inspecting individuals seeking admission into the United States, including requirements related to asylum interviews;
- Failure to fulfill a requirement to stop issuing visas to nationals of a country that unreasonably denies or delays acceptance of nationals of that country;
- Violation of limitations on immigration parole, such as the requirement that parole be granted only on a case-by-case basis; or
- Failure to detain an individual who has been ordered removed from the United States.
The Act's stringent detention requirements may lead to increased fear and uncertainty within immigrant communities. Individuals who are merely accused of certain crimes could face mandatory detention. The Act may also affect legal immigration processes. Increased detention and deportation efforts could strain resources, potentially leading to delays in processing visas and asylum applications.
Given the evolving legal landscape:
- Stay Informed and/or Seek Legal Counsel - Consult with your immigration attorney to understand how new laws and policies may affect your situation and if you or someone you know is facing immigration-related legal issues.
- Know Your Rights - Familiarize yourself with your legal rights, especially concerning interactions with law enforcement and immigration authorities.
- Community Engagement - Participate in community organizations that provide support and resources for immigrants, fostering a network of assistance and advocacy.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
