Congressional Democrats’ sudden endorsement of the Laken Riley Act has raised serious constitutional concerns about its sweeping changes to the immigration system. The bill would impose indefinite detention on immigrants who live and work in the US legally, subjecting them to punishment without conviction or charge. This power transfer to state attorneys general and district court judges undermines the executive branch’s primary responsibility for immigration enforcement.
The act’s supporters claim it addresses a migrant crime wave, but experts argue that this narrative is misleading. Undocumented immigrants are less likely to commit crimes than American-born citizens. The federal government already has the authority to detain and deport undocumented immigrants who break the law. By rushing its passage, GOP lawmakers have obscured troubling features in the bill’s text.
The Laken Riley Act would not only target undocumented immigrants but also apply to those charged or arrested without conviction. This means individuals mistakenly arrested due to police error or racial profiling could face detention. The bill’s scope extends beyond undocumented immigrants, applying to legal residents, Dreamers, and refugees who entered the country without permission. Even minors arrested with a crime would be subject to mandatory detention.
The act’s reallocation of power from the executive branch to states and federal courts is alarming. This upends the Constitution’s assignment of primary responsibility for immigration enforcement to the executive branch. States could seek federal court orders overruling individual immigration decisions, potentially clogging federal courts with lawsuits against the federal government.
A novel grant of authority allows federal courts to issue travel bans against entire countries, including those that do not accept deportations from the US. This would prevent residents of these countries from obtaining visas, setting off diplomatic crises. The bill’s supporters have previously requested such power, but it is unconstitutional. Unless Democrats propose substantial amendments, they risk being complicit in devastating consequences if the act passes.
Source: https://slate.com/news-and-politics/2025/01/laken-riley-act-immigration-bill-trojan-horse.html