What Is the Laken Riley Act?

The Laken Riley Act is a new federal immigration law passed in early 2025, named after a Georgia
nursing student tragically killed by an undocumented immigrant. The law significantly expands
mandatory immigration detention—requiring ICE to detain any noncitizen accused of certain crimes,
even if they haven’t been convicted. This act has raised major concerns in immigrant communities,
especially in New York City, where it may lead to more detentions, fewer legal protections, and greater
fear among undocumented residents.
Key Provisions That Matter for Immigrants

1. Mandatory no-bail detention
   DHS/ICE must detain noncitizens found unlawfully present or under immigration
   investigation if they are arrested, charged, convicted, or admit to any of the following:
   o Theft, burglary, larceny, shoplifting
   o Assault on a law enforcement officer
   o Any crime causing death or serious bodily injury
2. Expanded Section 236(c) of the INA
   Previously, only serious crimes triggered mandatory detention. The Laken Riley Act now
   includes nonviolent misdemeanor allegations—even without conviction
3. State-level lawsuits
   States can sue the federal government if DHS fails to detain or removes certain noncitizens,
   claiming physical or financial harm
   Why NYC Immigrants Should Be Worried?

• No bond hearings
  Even minor allegations like shoplifting can lead to detention without bail or judicial
  review.
• Fear of deportation pending trial
  Immigrants may be detained from arrest through removal proceedings, even without
  conviction.
• Chilling effect
  NYC’s City Council formally condemned the Act, warning it will erode trust with law
  enforcement and prevent immigrants from accessing public services and reporting crime.

Constitutional & Legal Concerns

• Due process violations
  Legal experts argue it infringes on the 5th and 14th Amendments by allowing indefinite
  detention without a hearing.
• Risk of legal challenges
  The ACLU, NIPNLG, and others are monitoring and may initiate constitutional
  challenges.
  Practical Advice for Immigrants in NYC
• Know your rights during a criminal arrest
  Always request to speak with a lawyer before answering any questions. Do not admit to
  any crime.
• Seek immediate legal representation
  If detained under this Act, you need a lawyer familiar with both criminal and immigration
  procedures.
• Attend all proceedings
  Missing a court date can trigger removal in your absence. Stay informed and compliant.
• Keep documentation up-to-date
  Valid ID, proof of legal status, and any relevant paperwork can help speed up legal
  defense.
• Connect with local support networks
  NYC offers legal aid groups, immigrant resource centers, and community lawyers seek
  them out early.
  Why This Matters to Your Practice?
  Feature How It Impacts You
  Broad detention
  triggers
  Must prepare clients for serious immigration consequences stemming from
  minor offenses
  Coordination
  requirement
  Legal teams must coordinate criminal defense with immigration strategy
  Litigation opportunities NYC-based lawsuits or class actions may emerge—be ready to engage or
  represent clients
  So, For New York City immigrants, this means even minor allegations could lead to detention
  and removal. As a law office, your blog can guide readers on legal rights, strategic defense, and
  where to turn for help, while emphasizing the need for immediate, coordinated legal assistance.