Laken Riley Act (January 25, 2025): Expansion of Mandatory Detention for Undocumented Non-Citizens

Under the “Laken Riley Act” (LRA), a noncitizen who entered without inspection and is arrested for, charged with, convicted of, or admits to committing burglary, theft, larceny, shoplifting, or assault on a law enforcement officer, or any crime resulting in death or serious bodily injury will be subject to mandatory detention pending removal. INA §236(c), 8 USC 1226(c).

            Individuals who are subject to mandatory detention are held in civil detention by U.S. Immigration and Customs Enforcement (ICE) during the entirety of their immigration proceedings, which can take months to years, without the opportunity for a bond hearing.

The LRA does not apply to individuals who entered the United States lawfully, such as with a visa, even if they may be presently deportable. Additionally, there are significant questions regarding the retroactivity of the act and whether it applies to admissions, arrests, charges or convictions prior to the enactment of the LRA.

If your client has been arrested for or has a prior conviction for the offenses covered by the LRA, set forth above, please contact our office.

For more information on the LRA: https://www.congress.gov/bill/119th-congress/senate-bill/5