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On January 29, 2025, the Laken Riley Act was signed into law by President Trump. Under this law, noncitizens who (1) are present in the United States without having been admitted or paroled (e.g., entered without inspection) or were not in possession of a valid entry document at the time of application for admission to the United States and (2) have allegedly committed certain criminal offenses are now subject to mandatory detention by Immigration and Customs Enforcement (“ICE”) without the opportunity to request release on bond. Section 236(c) of the Immigration and Nationality Act (“INA”) requires ICE to detain noncitizens who commit certain criminal offenses. The Laken Riley Act expanded this list to add low-level property offenses, including:
- Burglary
- Theft
- Larceny
- Shoplifting
In addition to these property-based offenses, the Laken Riley Act adds assault of a law enforcement officer to the list of offenses requiring mandatory detention. Notably, a noncitizen does not have to be convicted of the offenses outlined above in order to be subject to mandatory detention. Rather, a noncitizen who is arrested for or charged with these offenses is subject to mandatory detention, regardless of whether or not they have yet been convicted. Furthermore, a noncitizen who merely admits to having committed these types of offenses is also subject to mandatory detention. There are no exceptions in this law for children. Individuals who are detained for committing these types of offenses will not be able to request release from detention on bond.
If you are detained by ICE, contact Murray Osorio PLLC
For individuals who have been detained, or individuals who want to know if their criminal history will subject them to mandatory detention, Murray Osorio offers expert legal services to assess your individual case and advise you on the best path forward. Our team understands the complexities of this new expansion to mandatory detention and is committed to helping you understand and assert your rights. If you or a loved one has been detained, contact us today for assistance.