Published on January 29, 2025
The Laken Riley Act mandates that the Department of Homeland Security must detain aliens who face theft charges in the United States. This law expands DHS detention authority and creates new mandatory custody requirements specifically targeting non-citizens accused of theft-related crimes.
While presented as a public safety measure, this law could serve as a mechanism for selective enforcement and disproportionate targeting of immigrant communities, particularly since it requires detention based on charges rather than convictions. The vague phrase "and for other purposes" in the title suggests potential expansion beyond theft-related offenses, while the mandatory detention requirement could overwhelm existing facilities, potentially creating pressure to expand private detention contracts.
Though framed as a straightforward public safety initiative, the Laken Riley Act represents a significant expansion of detention authority that could have far-reaching consequences beyond its stated scope. The combination of mandatory detention requirements and ambiguous language creates conditions that could enable systematic targeting of immigrant communities while benefiting private detention contractors.
On Wednesday, January 29, 2025, the President signed into law:S. 5, the “Laken Riley Act,” which requires the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes.