Laken Riley Act: What the New Law Requires
What Changed
The Laken Riley Act became law on January 29, 2025, requiring mandatory detention for individuals arrested for certain crimes, even without conviction.
Who Is Affected
Non-U.S. nationals who are arrested for, charged with, or convicted of burglary, theft, larceny, shoplifting, or assault of a law enforcement officer.
Attorney Required
Anyone arrested for any crime who is not a U.S. citizen needs an immigration attorney immediately. This law has severe immigration consequences.
What Is the Laken Riley Act?
The Laken Riley Act is a 2025 immigration law signed by President Trump on January 29, 2025. The law is named after Laken Hope Riley, a 22-year-old nursing student.
Key Provisions
The law requires DHS to detain individuals who:
- Are unlawfully present OR lack required admission documents
- AND have been arrested for, charged with, convicted of, or admitted to:
- Burglary
- Theft
- Larceny
- Shoplifting
- Assault of a law enforcement officer
Critical Point: No Conviction Required
Individuals can face mandatory detention based on arrest or charges alone—they do not need to be convicted of crimes to be detained indefinitely during immigration proceedings.
State Authority to Sue
The law also permits state governments to sue the federal government for:
- Decisions to release non-U.S. nationals from custody
- Failures in visa issuance policies
- Violations of immigration parole limitations
Who Is Affected
The law applies to:
- Individuals in regular removal proceedings
- Those who are undocumented
- Those who entered without proper documents
The law excludes:
- Green card holders (LPRs)
- Those granted refugee status
Implementation Challenges
ICE has stated the law is "impossible" to carry out with current funding, as it could expand detention by over 250 percent.
Important Context
Research consistently shows that undocumented immigrants commit crimes at lower rates than U.S.-born individuals. However, this law has significant consequences regardless.
What This Means for Consultants
This is entirely outside consultant scope:
- Criminal matters always require attorneys
- Immigration consequences of crimes require attorneys
- Detention matters require attorneys
- ANY interaction with law enforcement requires attorney consultation
If a Client Has Been Arrested
- Do NOT attempt to help with the immigration case
- Refer immediately to a criminal defense attorney
- Refer immediately to an immigration attorney
- Document only that you made the referral
Any arrest—regardless of outcome—can have severe immigration consequences. Attorney involvement is mandatory.
Important Disclaimer
This article is for educational purposes only and does not constitute legal advice. ImmiKnow is not a law firm and cannot determine eligibility, provide legal strategy, or predict outcomes.
When is an attorney required? Any immigration matter involving eligibility determinations, waivers, appeals, removal proceedings, or complex legal issues requires consultation with a licensed immigration attorney.
If you are unsure whether your situation requires legal advice, consult a licensed immigration attorney.