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NEGATIVE Immigration 118th Congress

H.R.7511 Laken Riley Act (118th)

Laken Riley Act — requires ICE to detain undocumented immigrants charged with theft or shoplifting (118th Congress)

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Legal & Constitutional Grounding

Mandatory detention on charges, not convictions, undermines 5th Amendment due process protections.

5th Amendment, Due Process Clause — mandatory detention based on charges (not convictions) undermines the presumption of innocence
  • Zadvydas v. Davis, 533 U.S. 678 (2001) — Due Process Clause applies to all persons within U.S.; indefinite civil detention must have reasonable purpose
  • 14th Amendment, Equal Protection Clause — two-tier justice system based on immigration status

Requires ICE to detain undocumented immigrants charged (not convicted) with theft. Mandatory detention based on charges rather than convictions undermines the presumption of innocence under the 5th and 14th Amendments.