On January 29, 2025, President Trump signed the Laken Riley Act into law — one of the first immigration bills of the new Congress and one of the first laws signed in the new administration. It passed with some bipartisan support, which is notable in the current political environment.
For immigrants and their families, the law created a new category of mandatory detention that is broader than prior law. If you or a family member has any contact with law enforcement — even for a minor offense where charges were dropped — you need to understand what this law may mean.
What the Laken Riley Act Changed
Before the Act, mandatory detention in immigration proceedings was limited to specific categories of criminal convictions. The new law requires DHS to detain noncitizens who are charged with, arrested for, or convicted of certain crimes, including:
- Theft or burglary offenses (including shoplifting).
- Violent crimes.
- Crimes resulting in death or serious bodily injury.
- Any crime that is deemed to involve violence or threat.
Critically, the law does not require a conviction. An arrest, a charge, or even a citation in some interpretations may be sufficient to trigger mandatory detention, depending on how DHS and ICE apply the statute in practice.
Who May Be Affected
- Undocumented immigrants with any recent contact with law enforcement, even for minor offenses.
- People whose charges were dropped, dismissed, or resulted in no conviction.
- Lawful permanent residents who have been arrested or charged, even if not convicted.
- People who were previously not priorities for detention under prior enforcement guidance.
- Anyone currently in removal proceedings who has any criminal justice contact in their history.
What Legal Options May Still Exist
Mandatory detention limits but does not always eliminate all legal options. Depending on the facts, legal strategies may include challenging the legal basis for detention, seeking review of the detention category, filing a habeas corpus petition in federal court if detention is prolonged, pursuing all available forms of immigration relief, and carefully examining whether the criminal matter was resolved in a way that may affect the mandatory detention analysis.
The Ninth Circuit, which covers Washington state, has a strong tradition of reviewing detention cases carefully. Federal courts in the Western District of Washington have historically engaged seriously with habeas corpus and due process challenges in immigration detention cases.
What Families Should Do Immediately
- If a family member is detained after an arrest, get legal help before the first immigration court hearing.
- Gather certified court dispositions for every arrest, charge, or citation — even old ones.
- Do not assume a dismissed charge or a minor citation cannot affect immigration status.
- Do not wait to see if ICE 'finds out' — if there is any criminal contact, get legal review proactively.
- If your family member is already in removal proceedings, inform your attorney of any law enforcement contact.
This article is for general information only. It is not legal advice and does not create an attorney-client relationship. Immigration law and policy change quickly. Consult an immigration attorney about your specific situation.