The Senate Must Fix the Laken Riley Act Before Voting on It

As drafted, the Laken Riley Act violates due process and risks setting a problematic precedent that could upend the enforcement of federal laws.

https://www.americanprogress.org/article/the-senate-must-fix-the-laken-riley-act-before-voting-on-it/

Everyone deserves to be safe in their community, no matter what. Laken Riley’s murder was a tragedy, and she should still be alive today. People who are in this country must obey the law, and those who do not must be held accountable. But the Laken Riley Act requires changes before the U.S. Senate votes on its passage.

As drafted, the bill violates due process by requiring mandatory, indefinite detention even for those merely accused, but not actually found guilty, of certain property crimes. Secondly, it ensnares people who have been expressly granted permission by the government to live in the United States, such as DACA and TPS recipients. Thirdly, it contains no safeguards for minors, including those who may be subject to federal detention by the bill even if wrongfully accused of petty theft.

Fourthly, the bill may harm some survivors of gender-based violence, including by giving abusers more tools to control their victims, who may either be coerced into committing property crimes or wrongly accused of such crimes by their abusers.

Finally, the bill’s provisions empowering state attorneys general to enforce federal immigration law in a single district court of their choice risk setting a highly replicable precedent for the future that could cause chaotic and uneven implementation of federal laws across a sweeping range of issues, including the enforcement of drug laws, gun violence prevention laws, or any other federal laws of disagreement.

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