The tragic death of nursing student Laken Riley in 2024 captured national and international attention after her body was discovered in Oconee Forest Park, Georgia. Authorities later confirmed that the perpetrator, a 26-year-old Venezuelan national named Jose Antonio Ibarra, had entered the United States unlawfully and was released under parole by the Biden administration.
In response to this devastating event, the U.S. House of Representatives passed the Laken Riley Act on January 7, 2025. This new law requires the federal government to detain non-citizens who are arrested or charged with certain criminal offenses such as theft-related crimes, violent acts, or assaults on law enforcement officers.
Key Provisions of the Laken Riley Act
Under the new legislation, the Department of Homeland Security (DHS) must detain any undocumented individual charged with or convicted of a violent or theft-related offense.
In addition, the Act gives states the right to take legal action against the federal government if they believe federal authorities have failed to meet the detention and removal requirements established by the bill.
This measure was introduced amid record-high levels of unlawful border crossings. Supporters of the Act argue that it strengthens public safety and national security. However, critics have raised concerns that automatic detention for individuals merely accused of crimes may violate constitutional safeguards and due process rights.
Who Is Covered by the Laken Riley Act?
The Act does not apply to individuals placed in expedited removal proceedings. Instead, it focuses on those in regular removal proceedings, which involve a full hearing before an immigration judge. During these hearings, individuals may present evidence and legal arguments in an attempt to avoid deportation.
People who have already lost their immigration cases and have final deportation orders are not covered under the Laken Riley Act because their detention and removal are already authorized under existing immigration laws.
What Happens When a County Reports an Undocumented Immigrant to ICE?
If a local county reports an undocumented immigrant who has been charged with a crime, Immigration and Customs Enforcement (ICE) will be required to issue a detainer and take that person into federal custody. This process ensures that immigration enforcement agencies are directly involved in the detention of individuals charged under qualifying offenses.
How Green Card Link Can Help
At Green Card Link, our dedicated immigration attorneys stay up-to-date with the latest federal and state immigration policies, including the Laken Riley Act and other legislative changes that affect immigrant rights in the United States.
If you are uncertain how this new law may affect your case or immigration status, it’s crucial to seek professional guidance. The immigration attorneys at Green Card Link can review your situation, explain your legal options, and help you navigate a lawful path toward permanent residency or U.S. citizenship.
Contact Green Card Link today to schedule a consultation and receive personalized legal advice from experienced immigration professionals.