President Trump is poised to make the Laken Riley Act the first act that he signs into law during his second presidential campaign. The act is named for Laken Riley, a 22-year-old nursing student who was murdered while out for a run last February. Law enforcement honed in on her killer, who turned out to be 26-year-old Jose Antonio Ibarra.
Ibarra had been previously arrested in September 2022 in Texas for illegal entry into the United States, but was later released to have his case pursued in immigration court. Many believe that had their been stricter immigration policies in place, Ibarra never would have had the opportunity to kill or even encounter Riley.
Under the proposal, which has already passed both the House and the Senate, federal officials would be required to detain any migrant who is arrested or charged with certain crimes, like shoplifting or crimes where an individual is assaulted, injured or killed. These individuals would then be jailed pending the outcome of their trial, but they could also be deported even before their are officially found guilty of a crime. You read that right. Individuals may be deported simply for being accused of a crime.
Innocent Until Proven Accused
The idea that someone should be deported simply for being accused of a crime is asinine and rooted in xenophobic feelings towards people that look a certain way. Many will counter and argue that if an individual is here illegally, then it doesn’t matter whether they are innocent or guilty of the new charges because it’s their immigration status that is the main issue. However, that doesn’t change the fact that people, regardless of one’s immigration status, are guaranteed what once were thought to be unalienable rights in this country.
Many like to believe this type of change will only lead to the deportation of the drug dealing, gang banging thug that exists more in a the rhetoric of a deep south politician than actually exists in our country. In fact, a study by the National Institutes of Justice found that native born Americans are much more likely to be arrested for committing drug-related or violent crimes than undocumented immigrants.
“An NIJ-funded study examining data from the Texas Department of Public Safety estimated the rate at which undocumented immigrants are arrested for committing crimes. The study found that undocumented immigrants are arrested at less than half the rate of native-born U.S. citizens for violent and drug crimes and a quarter the rate of native-born citizens for property crimes.[1]“
So while these illegal violent gangbangers don’t exist nearly as frequently as the media would like to portray, the migrants that do exist in this country are those who are coming to America for work who may end up seeing their visa expire, or the mother who simply wants to help provide a better life for her children. She simply wants to work hard, keep her head down and provide an opportunity for her children that she herself never had, but now, if she doesn’t fit the version of someone’s idea of what an “American” looks like, she could be falsely accused of shoplifting at the grocery store, held in jail because of her immigration status, and ultimately deported out of the country.
There’s also an incredible lack of funding behind the act, meaning it will almost certainly be poorly enforced across the country, which only further suggests that unalienable rights will be violated during the process. It’s certainly not going to have the effect that many fear-mongering politicians claim it will, not that they ultimately care.
But back to the original point, which many people will still point to, which is that you don’t get the rights guaranteed to Americans if you’re not here legally. Well, that’s just simply not true. Did you know that undocumented immigrants are oftentimes allowed to vote in elections for school boards and other local matters? Did you know that an undocumented immigrant who is injured on the job is legally allowed to file for and collect workers’ compensation? They are viewed as an employee who was injured during the course of their employment, and their immigration status has no bearing on the fact that they can be compensated for their injuries. They are here, earning their keep, and are entitled to certain benefits for doing so. This new act strips all this away and simply recognizes whether or not a person is worthy of individual rights based solely on how they entered this country.
We entered criminal defense because we feel strongly that every person, regardless of their race, gender, skin color, religion or immigration status is due their day in court and a right to defend themselves. This new act would strip away those protections, and that’s a problem.
If you are an undocumented immigrant or you know someone who has been charged with a crime and needs help, let us be your resource. We have translators ready to assist us in defending you and helping with your immigration or criminal matter. You have rights and you have a voice, let us ensure both aren’t extinguished because of recent legal changes. Give our team a call today at (952) 224-2277.
