To say that it’s been an anxious time for immigrants who aren’t U.S. citizens is an understatement. With all of the frightening headlines, it can be easy to forget about a law signed early in the current administration that is intended to – and likely will – result in more deportations.
The Laken Riley Act, which had bipartisan support in both houses of Congress, allows Immigration and Customs Enforcement (ICE) to detain and deport undocumented immigrants who have been arrested for many kinds of infractions, including theft-related crimes like shoplifting.
What was the Laken Riley case about?
The law was named for a young nursing student killed last year by an undocumented Venezuelan man. He had previously been convicted of shoplifting. However, he was no longer incarcerated, largely due to overcrowded conditions, and was not deported upon release, despite his undocumented status.
While statistics show that immigrants, regardless of their status, are less likely to commit crimes than U.S. citizens, those who commit violent crimes like this one spur public outrage and help lawmakers advocating for more and easier deportations make their case.
What constitutional rights do immigrants have?
Immigrant rights advocates and lawmakers who opposed the Laken Riley Act argue that because it allows undocumented immigrants to be detained indefinitely after arrest, it violates their right to due process. This is a constitutional right that all people in the U.S. have, regardless of their immigration status, according to the U.S. Supreme Court.
The court has ruled not only that once someone enters the country legally, they become “invested with the rights guaranteed by the Constitution to all people within our borders.” It has also ruled that if a person is in the country without proper documentation, they can be deported “only after proceedings conforming to traditional standards of fairness encompassed in due process of law” as stated in the U.S. Constitution.
The constitutional rights of those living in the U.S. who have come here from other countries are being challenged in courts throughout the country. It’s more critical than ever that people get experienced legal guidance for themselves and their loved ones, regardless of their immigration status, if they’ve been arrested – even for a minor offense. The same is true if their rights have been violated. That’s the first step toward seeking justice under the law.