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Immigration Law

ABA calls on senators to oppose ‘deeply concerning’ immigration bill

By Amanda Robert

January 17, 2025, 9:35 am CST

The ABA is urging the U.S. Senate to vote against an immigration reform bill that would require the detention of noncitizens who committed “certain low-level offenses.”

In a Jan. 16 letter, ABA President Bill Bay said S. 5, also known as the Laken Riley Act, contains “deeply concerning” provisions. They include mandating the indefinite detention of undocumented individuals who are arrested, charged or convicted of burglary, theft, larceny or shoplifting offenses, without providing an opportunity for bond.

“This would reverse the presumption of innocence and eliminate procedural safeguards, undermining due process rights that are the cornerstone of our justice system,” Bay wrote in the letter.

The Laken Riley Act also would grant states unlimited access to challenge federal immigration policies or release decisions in individual immigration cases, Bay said. This could result in “endless litigation” and curb the federal government’s ability to enact effective immigration policies now and in the future.

“The ABA urges you to protect due process rights, constitutional safeguards and the integrity of our legal system while upholding the safety and security of our nation by voting no on the Laken Riley Act,” Bay wrote.

The Senate is expected to vote on the bill Friday.

It is named after a Georgia nursing student who was killed by a Venezuelan man who was in the U.S. without legal status, NBC News reports. If passed, the GOP-supported bill could become the incoming Trump administration’s first legislative victory.

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