Understanding the Impact of the Laken Riley Act on Immigration and Detention Policies

ALBANY, NY | The Laken Riley Act (Public Law 119–1), enacted on January 29, 2025, expands the categories of aliens subject to mandatory detention by the U.S. Department of Homeland Security (DHS) under 8 U.S.C. § 1226(c). The Act requires the Department of Homeland Security (DHS) to detain certain categories of aliens who have been charged with, arrested for, or convicted of certain crimes.

Expanded Categories of Detention

The Laken Riley Act mandates the detention of individuals in specific circumstances, including those who:

• • Entered the U.S. Without Inspection
    This includes individuals who entered the country without proper inspection or authorization, which may now result in mandatory detention.

  • Procured U.S. Entry or Benefits Through Fraud or Misrepresentation
    If an individual has procured a visa, other documentation, or admission to the United States—or other immigration benefits—through fraud or by willfully misrepresenting a material fact, they will be subject to mandatory detention under the Act.

  • Did Not Have Valid Entry Documents at the Time of Application
    Immigrants applying for admission to the U.S. who do not possess valid entry documents at the time of their application will also face mandatory detention.

Crimes That Trigger Detention

Under the Laken Riley Act, individuals charged with, arrested for, or convicted of certain crimes face mandatory detention. These offenses include:

• Burglary
• Theft and Larceny
• Shoplifting
• Assault of a Law Enforcement Officer
• Any crime resulting in death or serious bodily injury to another person

These crimes, as defined by the jurisdiction where they occurred, carry severe immigration consequences for individuals. If you are an immigrant facing charges for any of these offenses, understanding the legal landscape and available defenses is critical to avoiding mandatory detention.

Why This Matters to You

The Laken Riley Act introduces important changes that can affect immigrants, regardless of whether they are in the country legally or have entered without inspection. If you or someone you know may be impacted by this legislation, it’s essential to seek guidance from an experienced immigration lawyer who can provide clarity on your specific situation.

At The Towne Law Firm, P.C., we help individuals navigate the complexities of immigration law, especially in light of the Laken Riley Act. Whether you’re dealing with detention, fraud charges, or criminal offenses, we’re here to help you understand your rights and options.

If you think this Act could affect you, it may be a good time to explore how it impacts your situation with a trusted legal professional. Our team is here to offer support and guidance as you move forward.