Laken Riley Act Would Detain Migrants Charged with Shoplifting

 Posted on February 26, 2025 in Immigration

The first bill signed by the new administration was the Laken Riley Act, named after a slain Georgia nursing student. The Act requires the detention of unauthorized immigrants who have been accused of theft or of a violent crime. Laken Riley was reportedly out for a run when she encountered a man who killed her during a struggle.

The man was later found guilty of murder by a judge and sentenced to life without parole. Because the man was arrested in 2022 for illegal entry into the United States, many believed he would not have had the opportunity to kill the nursing student if the current bill had been in place. The pros and cons of the bill are detailed below; however, if you have any questions about this bill or other immigration issues, speak to an Itasca, IL, immigration attorney.

What Does the Laken Riley Act Do?

The Laken Riley Act gives state attorneys general the ability to sue the federal government for any harm caused by immigration enforcement decisions that harm the state or its residents. This could include failing to detain an undocumented immigrant who has received deportation orders or releasing an undocumented immigrant from custody.

Under the Act, the crimes that warrant detention and deportation include burglary, theft, larceny, shoplifting, assaulting a police officer, or any crime that results in serious bodily injury or death.

The Act also gives state officials the right to block the issuance of visas to those from countries they believe do not fully cooperate with the U.S. in accepting deportees. It is unprecedented in United States history to give this level of power over foreign relations and immigration to the states.  

What Are the Potential Adverse Consequences of the Laken Riley Act?

Many fear that the Laken Riley Act will do away with due process rights for immigrants, including DACA recipients and minors. While the bill includes violent crime charges as a reason for detention, it also includes minor offenses like shoplifting. Further, the Act does not require a conviction, only an allegation.

This means that a person accused of shoplifting could be placed in a detention camp and sent for deportation without the benefit of having his or her day in court. Many immigrants arrested on suspicion of committing a criminal offense are expected to be pressured to give up their rights to an immigration hearing or a trial on criminal charges when facing indefinite detention.

States are unlikely to sue the federal government under the current administration, but the bill has far-reaching effects for future administrations. Despite the hype, the bill is duplicative since the federal government already has the authority to detain anyone facing deportation proceedings. The doctrine of "standing" is constitutional, but the Act provides blanket standing regardless of whether a state has a legitimate interest in an issue. This could cause chaos in already overburdened courts.

Requiring no-bond detention solely on the basis of a charge also raises serious due process concerns, as there could be prolonged detention with no access to a bail or bond hearing.  The Laken Riley Act is expected to cost $83 billion over the next three years. An in-depth study of incarceration rates concluded that over the past 150 years, immigrants have been significantly less likely to commit crimes than those born in the United States.   

Contact a DuPage County, IL Immigration Lawyer

If you have immigration questions or concerns, an Itasca, IL immigration attorney from Unzueta Law Group, P.C. is here to help. We are a local family firm with more than 20 years of experience in immigration law. Call 630-509-2363 to schedule a meeting with a knowledgeable attorney. Se Habla Espanol.