On January 29, 2025, President Trump signed the Laken Riley Act into law. The act creates an additional category for mandatory detention. If a person is found within the United States without documentation and they are “charged with, [are] arrested for, [are] convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person,” they are subject to mandatory detention and will be deemed inadmissible to the United States. See EOIR Acting Director Sirce Owen issued Policy Memorandum (PM) 25-11. Undocumented immigrants with prior convictions for petty theft will be subject to mandatory detention. They will be ineligible for an immigration bond, and immigration judges are prohibited from redetermining the conditions of custody determined by DHS per 8 C.F.R. § 1003.19(h)(2)(i)(D). See EOIR Policy Memorandum 25-11. At a detention hearing, the only argument the undocumented person may make is that they were improperly included as a person subject to mandatory detention. These provisions will not create mandatory detention for lawful permanent residents. The Laken Riley Act specifically targets those persons "unlawfully present in the U.S." If you are undocumented, and you are arrested for a theft-related crime, or pending a disposition on a theft-related crime, you are subject to mandatory detention by ICE.
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