Update: President Trump signed the Laken Riley Act into law on January 29, 2025.
On January 22, 2025, the House of Representatives voted on and passed S. 5, which was the final step for passing H.R. 29, known as the Laken Riley Act. The Act now goes to President Trump’s desk who is likely to sign it. The Act allows immigration enforcement officers to place immigrants into indefinite detention, without access to bail, if they are accused (they do not need to be convicted) of certain lower-level crimes like burglary, theft, larceny, or shoplifting, as well as assault of a law enforcement officer or any crime that results in death or serious bodily injury to another person. As numerous advocates have pointed out, these provisions will eviscerate due process for immigrants. The Act also grants individual states the ability to sue the federal government over immigration enforcement decisions and to force the federal government to take a specific action.
This provision will allow states to weaponize the law against immigrants, and to interfere in the federal government’s authority and ability to create and implement immigration policies.