The Laken Riley Act: What It Does

In January 2025, Congress passed—and President Trump signed—the Laken Riley Act, which broadens the scope of mandatory immigration detention. The Laken Riley Act erodes due process and means that a larger group of individuals may be subject to mandatory detention while they fight their immigration case. Mandatory detention means that an individual is not eligible to receive a bond and must therefore remain in immigration detention until a final decision is made on their application for relief from removal. This may take months—sometimes longer—given the severe backlogs at the immigration court.

This expansion of detention makes it harder to access counsel and prepare a defense. Due to the larger number of detained immigration clients, many individuals are now moved to facilities out of state, which makes it even more difficult to access legal counsel and communicate with family.

ICE’s Policy Shift: Bond Hearings Are Being Eliminated

On July 8, 2025, ICE issued a memo stating that individuals who entered the U.S. illegally—including those who have lived here for many years—are now ineligible for bond hearings before immigration judges. While bond release remains theoretically possible through parole, that decision is now at the discretion of ICE officers, not judges.

This policy undermines due process and shifts control away from the courts to enforcement agencies.

What You Can Do to Prepare for Possible ICE Detention

Though this policy environment is frightening, many individuals still have legal defenses available—and preparation is key. Here’s what we recommend:

  • Prepare a General Power of Attorney (GPOA): Designate someone you trust to access your records and handle interactions on your behalf if you’re detained.

  • Add a Trusted Person to Your Bank Accounts and Property: Granting joint or authorized access allows someone to secure funds for legal fees or other essential needs.

  • Gather Evidence of Your Presence in the U.S.: Collect documents like lease agreements, utility bills, payroll stubs, school or medical records—covering the past ten years to demonstrate community ties.

  • Understand What to Do if You Encounter ICE: See our prior blog posts for detailed guidance. Many individuals may qualify for relief, but knowing the right steps in the moment can make a big difference.

  • Do Not Plead Guilty to Theft-Related Charges Without Legal Advice: It is imperative not to plead guilty to any theft, shoplifting, or larceny charge. Speak to an immigration lawyer immediately if you are charged with such an offense.

Final Thoughts

While the Laken Riley Act and ICE’s new detention policies signal a shift toward broader—and more indefinite—detention, you still have agency. Preparing essential documents, designating trusted advocates, and understanding what to do if approached by ICE significantly strengthens your ability to respond effectively. If you’re worried, speak with a qualified immigration lawyer to explore all your legal options.