On Wednesday, January 29th the Laken Riley Act was signed into law after the House approved the bill the same day. The act in question allows undocumented immigrants accused of certain crimes to be detained and deported prior to conviction or any legal process. Once in effect, it will permanently change the legal traditions of the U.S.
Both citizens and non-citizens residing in the United States, regardless of legal status, have rights by law for a timely and fair trial or review as per the fifth and sixth amendments of the Constitution. This law takes that right away from undocumented immigrants accused of specific crimes. The law represents the first legislative victory of President Trump’s second term in office.
Additionally, the law allows attorneys general to sue the federal government if proven states are being harmed by a failure to implement immigration policies. States can also sue the Department of Homeland Security for harm caused to citizens allegedly due to undocumented immigration.
A law allowing illegal immigrants to be deported without due process comes as the latest in a wave of immigration enforcement policies that mark President Trump’s ten days in office. Unlike the other policies, which were issued via executive order, this one was signed by President Trump after passing both the House and the Senate.
Due to the implications of the Laken Riley law, many have criticized it. Criticism ranges from the law up ending the legal foundation of the U.S. justice system to running counter to the ideas expressed in the Constitution. Meanwhile, ICE has raised doubts about the ability of such a law being enforced due to budgeting limitations.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical.
