On January 22nd, the U.S. House of Representatives passed amendments to the “Laken Riley Act” proposed by the Senate, marking it as the first immigration law that President Trump is expected to sign. The amended act authorizes the Department of Homeland Security to detain and deport any foreign nationals illegally residing in the United States, especially those accused of theft-related crimes, assaulting law enforcement officers, or causing serious injury or death.
Immigration lawyers are cautioning immigrants awaiting legal status to avoid committing any unlawful acts while in the United States.
The legislation mandates that the Department of Homeland Security detain undocumented immigrants or individuals without legal status in the U.S. if they are charged, arrested, convicted, or admit to committing certain criminal offenses, including theft and burglary. The Senate has expanded the list of criminal offenses covered by the amendment, now including attacks on law enforcement officers and crimes resulting in death or serious bodily harm.
Since taking office, President Trump has seen the Senate pass the act early this week, with the legislation now set to be signed into law. The House vote tally stood at 263 to 156, with 46 Democratic members of Congress voting in favor. This is expected to be the first law enacted during Trump’s second term.
The law is named after Laken Riley, a 22-year-old student from Georgia who was murdered while out for a run last year. An undocumented immigrant from Venezuela was convicted and sentenced to life in prison without parole for her death, reigniting a national debate on immigration and crime.
Immigration lawyer Zhu Wei reminded on January 22nd that with this law coming into effect, undocumented immigrants with criminal backgrounds are more prone to being apprehended and deported. Many Democrats also support this legislation. He emphasized the need for individuals awaiting court hearings or immigration status interviews to avoid any criminal activities, such as marijuana use, driving under the influence, domestic violence, theft, assault, inflicting harm, or fraud.
According to Zhu Wei, as long as individuals do not engage in criminal behavior, they cannot be detained during legal proceedings. Due process is a rigorous procedure required by law for the deportation of foreign nationals. Individuals in legal processes or waiting for interviews with immigration authorities need not worry as long as they comply with the law. Any convictions, however, result in a different outcome.
Zhu Wei provided an example of a client who entered the U.S. after June 1, 2024, and was scheduled to appear before a judge in March 2028. As long as the client refrains from criminal acts, they are safe until the hearing in 2028. Individuals with criminal records or deportation orders, however, will be prioritized for deportation.
Zhu Wei suggested individuals with deportation orders apply for reopening their cases to go through the legal process again, safeguarding themselves from easy deportation.