What Immigrants Need to Know About the Laken Riley Act (H.R. 29)
Reviewed by: Nicole Gunara, Managing Attorney at Manifest Law
On January 7, 2025, the U.S. House of Representatives passed the Laken Riley Act (H.R. 29), which mandates the detention of non-citizens charged with theft-related offenses. This legislation requires the Secretary of Homeland Security to take into custody any non-citizen who has been arrested or charged in the United States with certain theft-related or violent crimes.
Below, we break down the key points of the Laken Riley Act, what it means for immigrants, and how you can seek help if you’re affected.
What Is the Laken Riley Act?
The Laken Riley Act is a new law that would require mandatory detention of non-citizens who have been charged with theft-related offenses in the United States.
If you are a non-citizen and are charged with or are arrested for certain theft-related or violent offenses, immigration authorities would be authorized to detain you. This detention would apply regardless of your immigration status—whether you’re a lawful permanent resident (Green Card holder), on a visa, or undocumented.
Why This Matters for Immigrants
The Laken Riley Act creates a zero-tolerance approach to theft charges for immigrants. But this doesn’t mean everyone charged will be guilty or have no recourse.
Here are some potential effects:
- You don’t have to be convicted to be affected. Simply being charged or arrested can trigger immigration detention.
- Once detained, fighting your case becomes harder. You may have limited access to legal resources, and expedited removal proceedings in certain circumstances to reduce the time you have to defend yourself.
