What is the Laken Riley Act?
The Laken Riley Act is a new law that expands the federal government’s authority to detain noncitizens who are in the country illegally. The Act’s provisions provide for the mandatory detention of inadmissible aliens who have simply been charged with – not convicted – of theft, larceny, or shoplifting offenses. The language in the act is broad and includes even minor offenses such as misdemeanor thefts and shoplifting.
The law also gives states attorneys general the right to sue the United States government if an immigrant with uncertain or contested legal states is released and commits a crime or “harms” either the state or one of its residents.
Why is the Laken Riley Act controversial
Regardless of a person’s legal status, every individual present in the United States is entitled to due process protections under the United States Constitutions. Due Process protections require the government to follow certain procedures before taking away a person’s life, liberty, or property. This includes providing notice to that person and giving them an opportunity to be heard in court. Mandating detention for aliens that have simply been accused and not convicted of a crime raises serious concerns that the due process rights of aliens are being violated. The new law does not allow an immigration judge to review whether an accusation or charge of theft against an alien was unlawful in the first place.
Weren’t undocumented aliens always subject to mandatory detention by immigration authorities?
Immigration judges have always had the ability to detain any undocumented alien without bond if they are facing deportation proceedings. This is true whether the undocumented alien is facing a criminal charge or not. If an immigration judge determines an alien is a flight risk or a danger to the community, they may order that noncitizen detained while their immigration case proceeds.
However, an alien facing deportation proceedings may be eligible to be released on bond while their immigration case is being processed. To qualify for a bond, the alien must show that they have never been convicted of a crime that would make them deportable or inadmissible to the country. Certain criminal convictions such as felony thefts, drug offenses, or felony assaults may make aliens ineligible for an immigration bond. For example, a conviction for a felony drug offense will almost certainly subject an alien to mandatory detention while they attempt to fight their deportation. An alien subject to mandatory detention will be held in immigration custody while they fight their deportation case.
The Laken Riley Act amends the mandatory detention provision of federal immigration law to include undocumented aliens who are simply “charged with, arrested for…or admit to committing” any theft related offenses. Under the act, an immigration judge must detain any individual who has simply been accused of a crime but never formally convicted. This would include individuals who were wrongfully arrested, falsely accused, or even racially profiled. The act does not allow for an immigration judge to review whether the arrest or accusation that led to the mandatory detention was unlawful.
The inability of aliens to challenge whether a charge or arrest was lawful in the first place presents serious concerns of due process violations under the 5th and 14th amendment of the United States Constitutions.
What are the consequences of the Laken Riley Act?
Immigration and Customs Enforcement (ICE) officials have warned Congress that the Laken Riley Act would result in the detention of an additional 60,000 people and cost the United States government over $26 billion to enforce. The Homeland Security Department added that it “would be impossible for ICE to execute [the law] within existing resources.”
ICE officials went as far as saying that without emergency funding, officials could be forced to release tens of thousands of immigrants – including potentially some deemed to be public safety threats.
Immigration advocates argue that the enforcement of such a broad mandatory detention order would result in the arrest and detention of aliens who have a legal path to citizenship. They also argue that the Act would result in the separation of immigrant families and divert important resources away from detaining aliens with serious criminal histories.
What should you do if you are accused of theft, larceny, or shoplifting?
You should immediately contact a criminal defense attorney who has knowledge of immigration laws. The Law Office of Jorge Vela provides criminal defense services to the Spanish speaking community of Central Texas. Call our office for an appointment today.
