President Trump signed the Laken Riley Act into law, a significant development impacting immigration enforcement in the United States. The new legislation mandates the Department of Homeland Security (DHS) to detain anyone who entered the country unlawfully and is subsequently charged with, arrested for, convicted of, or admits to committing certain crimes. These offenses include:
• Burglary
• Theft
• Larceny
• Shoplifting
• Assault on a law enforcement officer
• Any crime resulting in death or serious bodily injury

What Is Mandatory Detention?
Under the Laken Riley Act, mandatory detention means that individuals fitting these criteria will be held in an immigration detention facility without the option to request a bond. They will remain detained while contesting their deportation cases before an Immigration Judge.

Key Questions:

Will This Law Be Applied Retroactively?
It’s currently unclear whether the Laken Riley Act will affect those with a prior criminal history. DHS has yet to announce whether retroactive enforcement will be a part of this new policy.

Who Does This Law Affect?
• Lawful Entrants: If you entered the U.S. lawfully, this law does not apply to you.
• Entered the U.S. without documentation: If you entered the U.S. without immigration documentation and have future encounters with law enforcement involving the listed crimes, you will be subject to mandatory detention. If you entered without immigration documentation and have past criminal charges or convictions related to these offenses, it is uncertain whether you will be affected.

What About My Right to Defend Against Deportation?
It’s important to note that the Laken Riley Act does not eliminate your right to defend yourself against deportation. However, it does affect whether you can be released from immigration custody while your case is pending in Immigration Court.

What Should You Do?
If you believe this law might impact you or someone you know, it’s crucial to consult with an immigration attorney to understand your rights and options under this new legislation. Staying informed and prepared is essential in navigating the complexities of U.S. immigration law.