Laken Riley Act Targets Undocumented Immigrants Accused of Certain Crimes

President Trump signed the Laken Riley Act into law on January 29th, 2025. The law mandates the Department of Homeland Security (DHS) to place in a detention center any undocumented immigrant accused of theft, burglary, assaulting a law enforcement officer, or any crime that causes death or serious injury. The act also expands the power of the states in enforcing immigration laws.

This new legislation is named after Laken Riley, a 22-year-old nursing student at Augusta University in Georgia. Her tragic murder in February 2024, committed by an undocumented Venezuelan immigrant who had previously been arrested and subsequently released for shoplifting, led to the creation of the Laken Riley Act.

The Laken Riley Act creates significant changes in federal and state immigration policy.

Detention of Undocumented Immigrants

Before the Laken Riley Act, undocumented immigrants accused of serious felonies, such as murder or violent crimes, could face mandatory detention. Immigration authorities determined detention on a case-by-case basis. Sometimes, alternatives, such as ankle bracelets or check-ins, were used for those not considered dangerous or a flight risk. 

New Detention Guidelines

The Laken Riley Act brings with it an impactful shift in the detention of undocumented immigrants. If an undocumented immigrant is suspected of a crime, they cannot be released while awaiting removal proceedings. The undocumented immigrant will, therefore, remain in a detention center until the case is resolved, a change that will have profound implications. 

Notably, the new legislation expands the scope of immigrants who federal agents will detain. The passing of the Laken Riley Act means that detention is now required for an undocumented immigrant accused and arrested for:

• Theft
• Burglary
• Assaulting a law enforcement officer
• Any crime that results in death or serious injury

The new guidelines for mandatory detention mean more undocumented immigrants will be placed and held in detention centers. 

State Enforcement of Immigration Laws

Prior to the Laken Riley Act, states did not have as much power or standing to sue the federal government for any perceived failings in detaining undocumented immigrants. However, states did have some authority to collaborate with federal authorities (such as U.S. Immigration and Customs Enforcement, or ICE) in detaining unlawful immigrants.

New State Enforcement Guidelines

The Laken Riley Act significantly enhances the immigration enforcement authority of states. States now have the power to take actions that ensure undocumented immigrants involved in criminal activity are detained. They can even sue the federal government if they believe it is not doing enough to enforce immigration laws, a shift in power dynamics that is worth noting.

Changes in Immigration Law

The Laken Riley Act is the first immigration legislation passed by the new administration. It includes many changes in how undocumented immigrants accused of a wide range of crimes are treated. In particular, it targets the detention of undocumented immigrants and the role of states in enforcing immigration laws.

Every new administration means changes in immigration laws and regulations. Scott D. Pollock & Associates, P.C., stays current on all the changes that arise to better serve our clients. 

Please contact us with questions or concerns about the Laken Riley Act or other changes in United States federal and state immigration laws.