Thorough & Aggressive Advocacy For All  Your Legal Needs

What is the Laken Riley Act, and how does it affect immigration?

Immigration policy constantly changes. Each new administration and legislature comes into office with certain priorities. Lawmakers sometimes pass bills that can have significant implications on the rights of immigrants.

Sometimes, lawmakers expand access to immigration opportunities. Other times, they may enhance the accountability imposed on immigrants. Senate Bill 5, also known as the Laken Riley Act, recently passed in both the Senate and the House of Representatives and represents a major shift in federal immigration policy. What changes could this bill create if the President signs it into law?

The bill strengthens criminal restrictions

The Laken Riley Act takes its name from a nursing student. She was the victim of a murder while jogging at the University of Georgia in Athens. The undocumented immigrant responsible for her homicide pleaded not guilty but was eventually found guilty on 10 separate criminal charges. The courts imposed a sentence of life without parole.

Lawmakers wanted to address not just the undocumented status of the man accused of her homicide but also his previous criminal record. The bill that carries Laken Riley’s name strengthens the ability of federal immigration authorities to detain and deport undocumented immigrants facing criminal charges.

The bill passed the Senate 64-35, and it passed the House 263-156. That included 46 Democrats who crossed party lines to support the bill. People accused of violent crimes, assaults involving law enforcement officers or even theft offenses could be at risk of detention and removal from the country under the Laken Riley Act.

Violence is not a prerequisite for the law’s application. Even simple shoplifting could warrant detention and deportation. Individuals without naturalized citizenship, visas or green cards could be at risk if they face criminal charges. While deportation is not necessarily a guarantee, immigrants may have to fight back if they wish to remain in the country.

Immigrants concerned about their legal status may need to discuss whether they may qualify for citizenship with an immigration attorney. They may also want to talk about ways to prevent legal issues from affecting their right to live and work in the United States.

Keeping updated on significant changes to immigration statutes can help people protect themselves. New immigration laws might put some people at risk of removal from the United States if they do not have the right support when facing legal issues.

FindLaw Network