The Laken Riley Act, signed into law by the President on January 29, 2025, mandates DHS to detain certain undocumented foreign nationals arrested for theft-related offenses, assaults on law enforcement officers, or crimes causing serious bodily injury or death, such as those resulting from driving under the influence. The legislation also empowers state attorneys general to sue the federal government to halt the issuance of visas to nationals from countries that refuse or unreasonably delay accepting their citizens who have been ordered removed from the United States.
The Laken Riley Act raises due process concerns by mandating the detention of noncitizens for being arrested alone, and not requiring a conviction, for certain crimes without individualized assessments, potentially leading to prolonged or arbitrary detention without judicial oversight.