The American Bar Association (ABA) has called on U.S. senators to vote against the Laken Riley Act (S. 5), a bill that mandates the indefinite detention of noncitizens arrested for certain low-level offenses, without an option for bond.
In a letter dated January 16, ABA President Bill Bay expressed concerns that the bill would undermine fundamental due process protections and procedural safeguards within the justice system.
Bay highlighted provisions in the bill requiring the detention of undocumented individuals who are arrested, charged, or convicted of offenses such as burglary, theft, larceny, or shoplifting.
Named after a Georgia nursing student who was tragically killed by a Venezuelan national in the U.S. illegally, the bill has garnered significant GOP support. If passed, it could represent a major legislative victory for the incoming Trump administration.
The bill would eliminate the presumption of innocence and prevent the opportunity for bond, which Bay described as a reversal of critical constitutional rights.
Moreover, the bill would grant states unlimited access to challenge federal immigration decisions, including rulings on detention and release.
Bay warned that such provisions could lead to prolonged litigation, complicating the federal government’s ability to implement effective immigration policies and potentially leading to systemic inefficiencies.
The Senate is expected to vote on the bill on Friday, January 24, 2025, and the ABA’s statement urges lawmakers to protect the integrity of the legal system and uphold due process rights by voting against the measure.
