Tuesday, Feb. 4, 2025

Could the Laken Riley Act allow for deporting undocumented immigrants accused of shoplifting?

Tom Kertscher / Wisconsin Watch, Wisconsin Watch

yes

The Laken Riley Act requires federal authorities to detain immigrants who entered the country illegally and are arrested for, or charged with, violent crimes or theft, including shoplifting.

This can lead to deportation because generally, such immigrants are subject to deportation.

Immigrants without authorization can also be deported if convicted of certain felonies or “moral turpitude” crimes, including theft.

But the Laken Riley Act does not require conviction.

The Act does not state age restrictions, though minors have detention protections.

Democratic U.S. Rep. Mark Pocan, who represents the Madison area, made a claim about shoplifting and the Act before President Donald Trump signed it on Jan. 29.

Riley, a Georgia college student, was murdered Feb. 22, 2024, by a Venezuelan. Border Patrol agents apprehended him for illegal entry in September 2022. He was released to pursue his case in immigration court. Research shows that immigrants are not more likely than native-born U.S. citizens to commit crimes.

See a full discussion of this at Wisconsin Watch

This fact brief is responsive to conversations such as this one.

Sources

Congress.gov S.5 - Laken Riley Act
Nolo Crimes That Will Make an Immigrant Deportable
Justia When Criminal Convictions Are Legal Grounds for Deportation
New York Times Laken Riley Act Is an Effort to Target Migrants Accused of Crimes
U.S. Rep. Mark Pocan Weekly Recap 1/6/25
U.S. Homeland Security Department President Trump Signs the Laken Riley Act into Law
Associated Press What is the Laken Riley Act? A look at the first bill Trump just signed
New York Times Venezuelan Migrant Found Guilty of Killing Laken Riley in Georgia
Wisconsin Watch Are undocumented immigrants crossing the US border more likely than native-born Americans to commit crimes?
Brennan Center for Justice Debunking the Myth of the ‘Migrant Crime Wave’
Florida International University professor of law and director of Immigration and Citizenship Initiatives Ediberto Roman Email, Feb. 4, 2025
University of Chicago clinical professor of law, director of the Immigrants’ Rights Clinic Nicole Hallett Emails, Jan. 31, 2025
University of Georgia Law School associate dean and immigration law expert Jason Cade Email, Feb. 4, 2025
Axios What to know about the Laken Riley Act
Texas Tribune Bill to detain undocumented immigrants accused of even minor crimes passes with some Texas Democratic help
American Civil Liberties Union Letter to U.S. senators, Jan. 9, 2025

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