Regardless of an immigrant’s legal status in this country, it’s not unreasonable to be concerned these days about one’s chances of being detained and even deported. Certainly, undocumented immigrants have the most to be concerned about.
While legality of some actions by enforcement agencies like Immigration and Customs Enforcement (ICE) has been rightfully called into question in many cases, it’s important to know about a law enacted early last year that does expand the government’s ability to legally detain and potentially deport certain immigrants who have been accused of a crime even if they have not proceeded through the justice system to a conviction.
The Laken Riley Act is named after a nursing student killed by an undocumented Venezuelan man. He had previously been arrested for shoplifting. However, he was not incarcerated or in a detention center –- largely due to overcrowded conditions – when he killed the young Georgia woman.
Law includes mandatory detention for theft-related crimes
According to the Department of Homeland Security (DHS), the Laken Riley Act “mandates the federal detention of illegal immigrants who are accused of theft, burglary, assaulting a law enforcement officer, and any crime that causes death or serious bodily injury.”
Immigrant rights advocates and representative who opposed the Laken Riley Act have argued that because the law allows potentially indefinite detention of those who haven’t been convicted of a crime (or even officially charged with one), it violates their constitutional right to due process.
The U.S. has ruled that all people in the U.S. have constitutional rights, regardless of their immigration status. With these rights facing continued and increasing challenges, it’s crucial that immigrants, regardless of their status, and their loved ones reach out for experienced legal guidance if they believe those rights have been violated.