The Laken Riley Act, an anti-immigration bill recently passed by the Senate, is causing concern about its potential impact on immigrant communities in Florida and across the United States. In an interview with Telemundo News, Orlando criminal defense lawyer and television legal analyst Jose Rivas offers his expert insights on this important development in immigration enforcement in Florida.
Laken Riley Act: Game-Changer for Florida Immigration Enforcement
The Laken Riley Act is named after a 22-year-old nursing student who was murdered by an undocumented Venezuelan immigrant in Georgia. The legislation passed in the House on January 7, 2025, and passed in the Senate on January 21, shortly after President Trump’s inauguration. After the bill is sent back to the House to approve the Senate’s changes, it will go to the White House, where the President is expected to sign it into law.
The new law would greatly expand the federal government’s power to detain immigrants who are in the country illegally. It could have a big effect on Florida’s immigrant community, potentially changing the way immigration laws are enforced in Florida.
Rivas highlighted the immediate change that could be coming in detainment procedures for undocumented immigrants. “What will happen is that when a person is arrested and in jail, when they go to pay bail, Immigration will put what’s called a ‘Hold,’ meaning they won’t be released on bail,” Rivas said. “They leave court custody and Immigration will pick them up and take them to an immigration detention center.”
Mandatory Detention and Its Implications
One of the most important parts of the Laken Riley Act is the provision for mandatory detention of immigrants convicted of or charged with certain crimes, including burglary, larceny, theft or shoplifting, as well as those who admit to committing these crimes. The change could dramatically affect how Immigration and Customs Enforcement (ICE) operates within the state.
“Right now, people have the right to pay bail and remain free while going through the judicial process, but under this law, they will be judged before being found guilty,” Rivas said. The raises important questions about due process and the presumption of innocence for immigrant defendants, and will likely be challenged by civil liberties advocates.
Some have raised questions about whether ICE will have the capacity to enforce the new law unless it gets additional funding.
Florida Immigrant Rights Under the Laken Riley Act
The law could mean a big blow for immigrant’s rights in Florida. Key provisions include:
- More grounds for mandatory detention
- Empowerment of state attorneys general to sue the federal government over immigration policies
- Increased focus on detaining immigrants accused of theft and violent crimes
State attorneys general would have new legal standing to challenge federal immigration decisions, including those made by immigration judges. These changes could potentially lead to more aggressive enforcement actions and a surge in deportations, even for relatively minor offenses.
The Future of ICE Detainer Policy in Florida
The Laken Riley Act is set to reshape the way U.S. Immigration and Customs Enforcement (ICE) enforces immigration law in Florida. It could mean longer detention periods and more frequent transfers to immigration custody, which could further strain Florida’s detention facilities.
As Florida’s immigrant communities face the new legal climate, those facing immigration-related legal challenges need to stay alert and informed, and seek qualified legal help at the earliest sign of trouble. Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo and many other news outlets.