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One of the early acts of the 2025 Congress was to pass the Laken Riley Act, which compels Immigration and Customs Enforcement (ICE), the federal agency responsible for enforcing immigration laws, to take noncitizens charged with certain crimes into federal custody. As a result of the act, ICE has more power to hold individuals in detention with fewer chances for release on bond.
At the Law Office of Rosina C. Stambaugh, we know immigration cases can be challenging, especially when criminal charges are involved. Our team, led by Rosina C. Stambaugh, provides compassionate legal support to immigrants facing detention, deportation, and other immigration issues. With years of experience and a commitment to defending immigrant rights, we can help you with whatever immigration issues you face, including the overlap between immigration and criminal charges.
What Is the Laken Riley Act?
The Laken Riley Act was named after Laken Riley, a college student tragically killed by a noncitizen with a criminal record. It modified the circumstances in which ICE can and must detain noncitizens following an accusation of committing one or more criminal offenses.
Why Does ICE Detain Noncitizens?
When ICE detains a noncitizen, it takes them into federal custody, placing them in prison-like facilities. With the noncitizen in custody, ICE begins removal proceedings, which involve asking an immigration court judge to determine whether the noncitizen should be deported. This process involves multiple hearings and can take many months or years.
Generally, ICE detains noncitizens when:
- It suspects they have violated immigration law,
- The government arrests the noncitizen and charges them with a crime, or
- When an immigration judge orders it to.
The judge determines whether to keep the noncitizen detained or offer a bond to allow the noncitizen to leave the detention facility while their immigration case proceeds. Whether the judge will issue the bond typically depends on whether the judge concludes the noncitizen is a community risk, meaning they are likely to cause harm to others, or is a flight risk, meaning they are unlikely to attend their immigration court hearings if released.
If the judge does not offer a bond, the noncitizen must typically remain in the detention facility while their immigration case proceeds. Detention centers are often similar to jails, and detainees may face limited access to legal resources, medical care, and communication with family.
What Does the Laken Riley Act Do?
The Laken Riley Act makes the detention of noncitizens charged with specific crimes mandatory, regardless of flight risk or community ties. The Act keeps noncitizens with criminal records in detention during immigration proceedings, potentially leading to prolonged detention far from family and legal help. Noncitizens charged with the crimes listed in the Act cannot seek bond and must remain in federal custody until their immigration case ends.
Under the Laken Riley Act, ICE must detain noncitizens charged with specific crimes, including:
- Violent crimes—assault, robbery, or murder, particularly when they involve firearms or other weapons;
- Drug offenses—possession or trafficking;
- Theft—burglary and grand theft; and
- Financial crimes—fraud and identity theft.
The Laken Riley Act refers to several other provisions of immigration law, including those related to crimes involving moral turpitude (CIMTs), aggravated felonies, and controlled substance offenses. As a result, a noncitizen’s detention depends on whether the crime qualifies as a CIMT, a notably vague term based on state laws. Many states define crimes differently, which may allow noncitizens to argue that some criminal charges do not require mandatory detention.
Violent Crimes and Firearms Offenses
Violent crimes generally include offenses that involve or threaten physical harm to others, such as:
- Assault and battery—seriously injuring someone or placing them in fear of serious injury;
- Robbery—taking property that belongs to someone else by force;
- Homicide—killing another person, typically murder or manslaughter; and
- Domestic violence—inflicting harm on someone within your household.
Firearm-related crimes that may run afoul of the Laken Riley Act include:
- Having a gun without authorization;
- Trafficking firearms, meaning selling or transporting guns without authority; and
- Using firearms while committing other crimes, like robbery.
Using firearms when you commit violent crimes often involves more serious consequences, like longer jail time.
Drug Offenses
Drug offenses under the Laken Riley Act include:
- Possession of controlled substances like heroin, cocaine, or methamphetamine;
- Drug trafficking, meaning selling or transporting drugs; and
- Manufacturing controlled substances.
Consequences for offenses typically vary by:
- The type of substance,
- The amount of the substance, and
- Whether weapons were involved.
Possessing 30 grams of marijuana or less is an exception and does not require mandatory detention.
Theft-Related Offenses
Theft-related offenses under the Laken Riley Act may include:
- Burglary—breaking into a place intending to steal property from it;
- Larceny—taking property without permission; and
- Shoplifting—taking property of limited value without permission.
The Act includes accusations of even low-level theft offenses.
Financial Crimes
Financial crimes under the Laken Riley Act involve financial activities that harm individuals or businesses, like:
- Fraud—deceiving others for financial gain;
- Embezzlement—stealing money entrusted to you; and
- Identity theft—using someone’s personal information illegally.
Committing financial crimes may involve using forged identification documents that falsely claim you have legal status or citizenship.
Options to Respond to Detention Under the Laken Riley Act
Despite the Laken Riley Act, detained noncitizens still have legal rights. By hiring an immigration lawyer, you can:
- Request legal status to prevent deportation if you qualify;
- Fighting against criminal charges in state court; and
- Challenging the detention of the noncitizen, for example, by relying on due process protections in the U.S. Constitution.
Since the Laken Riley Act is so new, we are still figuring out exactly how it will work going forward.
We Can Help
At the Law Office of Rosina C. Stambaugh, we defend immigrants facing detention and deportation with compassion, support, and legal know-how. Our team fights for noncitizens facing the threat of detention and deportation. Led by Rosina C. Stambaugh, our firm has years of experience handling complex immigration cases and adapting to changes in immigration law, including those with criminal charges. If you or a loved one has been detained, contact the Law Office of Rosina C. Stambaugh to let our experienced team fight for your rights.
