On January 29, 2025, President Trump signed the Laken Riley Act into law, which mandates the federal detention of certain non-U.S. nationals who are arrested for, charged with, convicted of, or otherwise admit to committing: burglary; theft; larceny; shoplifting; assault of a law enforcement officer; or any crime that causes death or serious bodily injury.
The law applies to individuals who are not U.S. nationals who:
- Entered the United States without proper inspection;
- Are present in the United States based on fraud, misrepresentation, or falsely claiming U.S. citizenship; or
- Are present in the United States without valid entry or parole documentation.
The new law expands those subject to mandatory federal detention of the above populations of individuals to include lower-level offenses (e.g., shoplifting) as defined by state or local law.
The new law also provides state attorneys general with causes of action to sue the federal government as related to decisions or alleged failures of the federal government related to the above, as well as other policies governing immigration enforcement, including alleged improper provision of parole or other immigration benefits.
Potential Impacts to Employers
Employers should inform employees working and living in the United States in paroled or humanitarian-based immigration status (such as beneficiaries of protections provided by DACA, TPS, U visas, T visas, pending asylum applications, or humanitarian parole, among others) of the higher scrutiny for certain accusations, convictions, and admissions that may now require federal detention.
Mayer Brown can provide specific guidance regarding impacted employee populations, work with employers to better understand and identify high-risk populations of employees, and develop solutions to mitigate risk and contingency planning.
Please continue to follow updates on our blog, The Mobile Workforce.