Migrants of various nationalities bound for the U.S.-Mexico border walk through Huixtla, Chiapas state, Mexico, Nov. 21, 2024. (Photo by ISAAC GUZMAN / AFP)
Migrants of various nationalities bound for the U.S.-Mexico border walk through Huixtla, Chiapas state, Mexico, Nov. 21, 2024. (Photo by ISAAC GUZMAN / AFP)

The Laken Riley Act: how far-reaching are the changes in immigration policies?

What does the first major anti-illegal migration bill passed by the U.S. Congress in the Trump administration say?

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The U.S. Congress passed the Laken Riley Act, legislation that introduces significant changes in the handling of the detention and deportation of certain migrants in the country. The law seeks to strengthen immigration security provisions through new measures focused on the mandatory detention of individuals accused of specific crimes.

The officially named Laken Riley Act amends key sections of the U.S. Immigration and Nationality Act (INA). Among its main provisions are:

Mandatory detention of certain migrants charged with specified crimes: The law requires the Department of Homeland Security (DHS) to detain any undocumented person or noncitizen who has been charged with, arrested, or convicted of crimes such as robbery, burglary, assault on a police officer, or any act causing serious injury or death. This provision also includes persons who have admitted to committing such crimes.

Expanded powers for state attorneys general: The law gives state attorneys general the ability to sue DHS if they believe that failure to comply with detention rules harms their states or their residents. This includes economic damages in excess of $100. Lawsuits will be prioritized in the federal court system, which seeks to expedite their resolution.

Definition and harmonization of legal terms: Terms related to crimes such as "robbery", "theft", "serious injury" and others are defined according to the laws of the state where the acts occurred, which could generate variations in their application depending on the jurisdiction.

Restrictions on release on bail or parole: Individuals subject to mandatory detention under this law will have limited options for release, tightening bail and parole policies for certain immigrant groups.

Impact on migrant communities

The Laken Riley Act has raised concerns among organizations working with migrants, arguing that it could criminalize people who have not yet been convicted of a crime. In addition, its implementation could result in a significant increase in detentions, which could overwhelm existing detention centers and require additional resources.

By allowing state attorneys general to sue the federal government for noncompliance with the provisions of the law, this legislation strengthens the role of the states in immigration policy. However, it could also increase conflicts between state and federal governments, especially in states with more flexible immigration policies.

Another area of concern is the economic impact. The law could generate higher costs associated with migrant detention, both at the federal and state levels. The resources needed to build and operate new detention centers, as well as to handle a higher volume of legal cases, could pose a challenge to the DHS budget and local court systems.

The passage of the Laken Riley Act reflects a trend toward stricter immigration policies in the current U.S. context. The legislation seeks to address concerns related to public safety and the perception that some migrants pose a risk to communities. However, critics argue that the law's provisions could be disproportionate and violate the rights of individuals not yet convicted.

The law's focus on crimes such as robbery and assault on police officers, as well as its immediate application upon indictment, raises questions about due process and the use of detention as a preventive tool. This could face legal challenges, especially in cases where the guilt of those detained has not been proven.

Reactions and next steps

The law has been welcomed by legislators advocating for stricter immigration control, who see it as a tool to strengthen national security. On the other hand, migrant rights organizations have expressed concern that it could exacerbate problems such as family separation and unequal treatment of certain communities.

With the passage of this law, the Department of Homeland Security will have to develop specific regulations for its implementation. In addition, states will have an active role in monitoring and, if necessary, enforcing compliance through litigation.

The Laken Riley Act introduces significant changes in the handling of migration in the United States, reflecting a stricter stance towards certain groups of migrants. Although it is intended to enhance security, its impact will depend largely on how it is implemented and the legal and social responses it generates. In this context, migrant communities and human rights organizations will be crucial in monitoring its effects and ensuring that fundamental rights are respected.

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