The Laken Riley Act has passed both houses of Congress and is bringing the newly elected President Trump an early “victory.” This proposed legislation has been strongly supported by politicians and others seeking to crack down on undocumented immigrants who commit crimes. However, it eventually got bipartisan support from lawmakers.
Just what does this mean for those who are in the country without authorization and for their loved ones?
The case behind the law
The law allows Immigration and Customs Enforcement (ICE) to detain and deport undocumented immigrants arrested for theft-related crimes including larceny, burglary and shoplifting. It’s named for a young woman who was killed by an undocumented immigrant last year.
The Venezuelan man, who was convicted on multiple murder and other counts related to the death of the nursing student, was previously arrested for shoplifting. Supporters of the law say if he’d been required to remain in detention, he wouldn’t have been free to commit the violent attack.
There’s no evidence that immigrants (in the U.S. legally or not) commit more crimes than U.S. citizens do. In fact, statistics indicate they’re less likely to break the law. Nonetheless, tragic cases like Laken Riley’s have been used by those (including President Trump) who support stronger immigration laws and more deportations to make their case.
A violation of constitutional rights
Immigrants’ rights groups and others who have fought this legislation contend that it eliminates the right to due process for undocumented immigrants since it allows them to be held indefinitely without bond for even nonviolent misdemeanor offenses after an arrest.
Further, the law facilitates the ability of state attorneys general to sue the federal government. As one official with the National Immigration Law Center said, this would let them “bring a case…for any immigration policy that they don’t like with regard to large swaths of federal immigration law, including detention policy, certain aspects of visa policy and the issuance of parole.”
Are resources available to enforce the law?
One big potential roadblock to enforcement of the law by ICE is lack of money, manpower and space. The Homeland Security Department, which is in charge of ICE, has estimated that it will cost nearly $27 billion in the first year alone to implement the law. That includes money for an estimated 110,000 more detention beds and for more personnel.
Undoubtedly, this is a highly stressful time and environment for those who have come here from other countries, whether they have valid visas or no documentation. As such, it’s undeniably important to reach out for legal guidance if you have concerns for yourself or a loved one.