The Laken Riley Act, passed in January 2025, significantly changes how immigration enforcement handles undocumented individuals accused of certain crimes.
Named after Laken Riley, a Georgia nursing student whose death sparked national attention, this law introduces strict detention requirements for non-citizens who are arrested for offenses such as burglary, theft, larceny, shoplifting, assaulting a law enforcement officer, and for those charged with crimes resulting in death or serious bodily injury, such as vehicular manslaughter.
For those facing charges under this new law, the stakes are high.
The Act mandates detention upon arrest, regardless of whether the accused is convicted. If you or a loved one is impacted, understanding your rights and seeking experienced legal representation is essential.
What does the Laken Riley Act do?
The Laken Riley Act requires the Department of Homeland Security (DHS) to detain non-U.S. citizens who are unlawfully present in the country and are arrested for specific crimes.
Unlike past immigration policies that allowed discretion in detaining individuals, this law removes that flexibility and mandates detention upon arrest.
Additionally, the Act gives state attorneys general the authority to sue the federal government if they believe immigration laws are not being adequately enforced. This provision increases state involvement in federal immigration policies and could lead to heightened enforcement actions.
Who could be affected?
This law applies to undocumented individuals arrested for certain crimes, including:
- Shoplifting or Retail Theft – Even minor incidents could result in immediate detention.
- Burglary – Any accusation of entering a structure with intent to commit a crime triggers automatic detention.
- Larceny or Grand Theft – Allegations of stealing property of significant value could lead to lengthy detention periods.
- Assaulting a Police Officer – Any physical confrontation with law enforcement can result in mandatory detention.
- Offenses Resulting in Death or Serious Bodily Injury – Crimes that lead to significant harm or fatality will trigger immediate detention and potential deportation.
What happens if you’re arrested under the Laken Riley Act?
If you are arrested for one of these offenses and are undocumented, DHS is required to detain you immediately. Unlike standard criminal cases where bail may be an option, this law does not allow for discretionary release while awaiting trial. This means that:
- You could be held for an extended period while your case is processed.
- A conviction could lead to removal proceedings, increasing the risk of deportation.
- Your ability to fight the charges will depend on having a strong legal defense team.
Legal defenses against charges ynder the Laken Riley Act
Being accused under this law does not mean you are guilty. There are several legal strategies that can help fight these charges:
Challenging the Arrest
Many cases involve procedural mistakes or constitutional violations. If law enforcement conducted an unlawful search, lacked probable cause, or failed to read your rights, your attorney could challenge the arrest and seek to have the charges dismissed.
Disputing the Evidence
Not all allegations hold up in court. If the evidence is weak, inconsistent, or based on unreliable witness testimony, an attorney can work to get charges reduced or dismissed.
Proving Lawful Presence
If the government has incorrectly classified you as unlawfully present, proving your legal status can prevent detention under this Act. Documentation errors are more common than many realize, and correcting them quickly can change the course of your case.
Why you need an experienced criminal defense attorney
Facing detention under the Laken Riley Act is overwhelming, but you don’t have to go through it alone.
At Helfend Law Group, we specialize in defending individuals accused of theft and burglary, including those impacted by immigration-related detention policies. We will:
- Fight to challenge the legality of your detention
- Develop a strong defense strategy to contest the charges
- Work aggressively to secure your release and protect your rights
If you or someone you love has been arrested and faces detention under the Laken Riley Act, time is critical. The sooner you have a skilled attorney on your side, the stronger your defense will be.
Contact Helfend Law Group today at 800-834-6434 for a consultation and let us help you fight these charges.
Published February 2, 2025.