The Laken Riley Act is a bill aimed at strengthening immigration enforcement in the United States. This bill was named after Laken Riley, a nursing student who was brutally murdered by an undocumented immigrant. The Laken Riley Act is aimed at enhancing public safety through stricter measures against immigrants involved in certain criminal activities.
It is introduced by Senator Katie Britt in the Senate, mandating Immigration and Customs Enforcement to detain those undocumented immigrants charged, arrested, or convicted of certain crimes. This bipartisan legislation seems reflective of those concerns which have been voiced for immigration control and public safety at the southern border.
The act empowers state attorneys general to sue the federal government if they believe immigration laws are not being enforced, especially when harm, such as financial loss, occurs to their states.
What crimes lead to detention under the Laken Riley Act?
These are the crimes that lead to detention:
- Burglary
- Theft
- Larceny
- Shoplifting
Additionally, the act was amended to include other serious crimes like:
- Assault on a law enforcement officer
- Acts causing death or bodily harm
Critics argue that the act allows detention even for minor offenses, such as shoplifting, before conviction. This has raised concerns about potential due process violations for immigrants accused but not yet proven guilty of a crime.
Does the Laken Riley Act affect dreamers?
Unfortunately, the Laken Riley Act does not exempt Dreamers—young people brought to the United States as children—from its detention requirements if they are implicated in the specified offenses.
Senator John Fetterman, one of the bill’s co-sponsors, has acknowledged this limitation. While he supports the act for public safety reasons, he has expressed hope that future legislation will include protections for Dreamers.
How does this act empower state attorneys general?
This act can also sue the federal government. This can be done if a state or its residents are negatively affected because of failure in the implementation of immigration laws.
This provision has caused a lot of contriveersy and some people are concern that it may allow states to influence federal immigration enforcement.
What are the criticisms of the Laken Riley Act?
These are some of the things critics are saying:
- Potential due process issues: Some people believe that immigrants should not be detained without a good evidence, otherwise, the right of the immigrant will be affected.
- Increased state authority: Increased power from state attorneys general to sue the federal government resulted in the view that federal power is further weakened.
- Large number of detention: Petty offenses like shoplifting will result in heavy punishment for immigrants who are not documented.
The supporters of the act argue that it is necessary in relation to public safety and for better enforcement of immigration laws.
