1/29/2025:
The Laken Riley Act (Public Law 119-1) was signed into law on January 29, 2025. It adds a new mandatory detention category to the immigration law at 8 U.S.C. 1226(c)(1)(E).
Who it covers. The detention rule applies to a noncitizen who meets both of these conditions:
- The person is inadmissible under 8 U.S.C. 1182(a)(6)(A) (present without being admitted or paroled), (6)(C) (fraud or misrepresentation) or (7) (no valid entry documents).
- The person is charged with, is arrested for, is convicted of, or admits committing acts that make up the essential elements of burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury to another person.
For people in this group, immigration shall detain them, and the Department of Homeland Security must issue a detainer and take custody if they are not already held by federal, state or local officials. A conviction is not required; an arrest or charge can be enough. The Act does not make detention mandatory for every noncitizen with a criminal charge. Both conditions above must be met.
State lawsuits. The Act also lets a state attorney general sue the federal government in federal district court for injunctive relief over certain detention and parole decisions that harm the state or its residents, including financial harm of more than $100.
If you or a family member has been arrested or charged, speak with an immigration attorney before you plead to anything. A plea can have immigration consequences.
