“On January 29, 2025, President Trump signed the Laken Riley Act (LRA) into regulation. The regulation expands no-bond detention for sure noncitizens in immigration proceedings, and it additionally purports to offer states the flexibility to sue the federal authorities over immigration selections they dislike, opening the door to politically motivated and discriminatory actions. The objective of this follow advisory is to help practitioners in defending noncitizens impacted by the LRA’s detention provisions. It summarizes the regulation’s detention provisions, discusses teams of noncitizens whose detention shouldn’t be impacted by the LRA, supplies potential arguments for a slender interpretation of the provisions’ scope, describes procedural choices for contesting a shopper’s necessary detention below the LRA, and identifies concerns for felony protection attorneys.
