On January 29, 2025, President Trump signed into law the Laken Riley Act which could significantly change the number of individuals who are subject to mandatory detention under the Immigration Nationality Act.
Who Was Laken Riley?
Laken Riley was a 22-year-old University of Georgia nursing school student who was murdered by a 26-year-old Venezuelan citizen named Jose Antonio Ibarra who was present in the United States illegally. Ibarra was found guilty of the murder in 2024 and sentenced to life in prison without the possibility of parole.
In 2022, Ibarra entered the United States illegally, was apprehended crossing the border, and then was released by ICE. After entering the United States, Ibarra was arrested for the crime of endangering a child in New York and theft in Georgia. After both arrests, Ibarra was released rather than being detained by ICE.
The murder of Laken Riley sparked politicians to call for changes in immigration law to require stricter requirements on arresting and detaining individuals like Ibarra.
What is Mandatory Detention?
Mandatory detention refers to a federal law that requires the detention of certain individuals who have committed certain crimes. If an immigration judge determines that the detainee has committed one of the enumerated crimes, then the judge must hold the detainee without bond until the removal proceedings have concluded.
Some of the most common crimes requiring mandatory detention are drug crimes, crimes involving moral turpitude, firearm offenses, or aggravated felonies.
How Does the Laken Riley Act Affect Mandatory Detention?
The Laken Riley Act greatly increases the number of individuals that are subject to mandatory detention. Under the law, the act adds an additional category under the mandatory detention statute to include 1) any alien who is inadmissible under INA 212(a)(6)(A), (6)(C), or (7) and 2) is charged with, is arrested for, is convicted of, admits having committed, admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer, or any crime that results in the death or serious bodily injury of another person.
Who will be most impacted by the Laken Riley Act? The law will have the greatest effect on individuals who 1) entered the United States illegally and 2) have been arrested for one of the crimes mentioned above. Previously, those individuals could have been granted a bond by an immigration judge but will now be subject to mandatory detention.
Who will not be impacted by the Lake Riley Act? The law does not seem to apply to individuals who overstayed a visa or legal permanent residents. The law also does not apply to individuals who were arrested for different crimes not mentioned above. Those individuals could still be eligible for bond with a properly filed bond motion.
Call Hubbs Law for all Your Immigration Needs
If you or a loved one is seeking legal representation for an immigration case, give our office a call. Our office handles all types of immigration cases including bond, removal proceedings, adjustments of status, and citizenship.
Our experienced immigration attorneys will thoroughly evaluate your immigration case. After evaluating your case, our attorneys should be able to advise you if you or your loved one is eligible for bond, relief from removal, or affirmative filings with USCIS.
Call today to schedule your consultation at 305-570-4802.
Disclaimer: Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.A. This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.