NEGATIVE Immigration 119th Congress

H.R.29 Laken Riley Act

Laken Riley Act — expands mandatory ICE detention for undocumented immigrants; signed into law January 2025 (119th Congress)

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Legal & Constitutional Grounding

Mandatory detention on charges, not convictions, bypasses 5th Amendment judicial review protections.

5th Amendment, Due Process Clause — mandatory detention based on charges bypasses judicial review and the presumption of innocence

Zadvydas v. Davis, 533 U.S. 678 (2001) — Due Process Clause applies to all persons within U.S. regardless of immigration status

Expands mandatory ICE detention for undocumented immigrants charged with certain crimes. Mandatory detention based on charges alone bypasses judicial review and due process under the 5th Amendment.