As discussed in some of our previous articles, President Trump has kept very busy during the beginning of his second term as President, fulfilling campaign promises to the American people who voted him in. Some of the promises he made to voters involved resolutions for pressing immigration concerns. Specifically, one of his promises was that he would deport criminals already in the country illegally.
One of the first actions President Trump took in support of those promises was to sign the Laken Riley Act, a new law that made it onto the President’s desk for signature within ten days after he took office. The full text of that law can be found here at Laken Riley Act. It was the first piece of legislation passed by the new administration.
The Laken Riley Act addresses recent violent crimes committed by undocumented migrants who may not have been allowed into the U.S. had they been properly vetted. The namesake for it was the victim of a particularly brutal and heartbreaking attack at the hands of someone who was in the U.S. illegally.
Laken Riley’s Story
In 2024, Laken Riley was a 22 year old nursing student at Augusta Medical College in Georgia. On the morning of February 22, 2024, she went for a run alone on a trail through the Oconee Forest Park on the University of Georgia’s campus. She loved running and did so several times a week, usually with a friend. This morning Laken’s friend was in class and she was alone. She had her headphones in and attempted to call her mother to talk to her as she often did during a run. Her mother missed Laken’s call at 9:03. A few minutes later at 9:11 Laken’s phone dialed 911 but disconnected a minute after they answered, although there were background sounds which later were revealed to be sounds of a scuffle. Laken had been stopped, then attacked and dragged off the trail into the trees. Although she valiantly fought off her attacker, by 9:28 she had been bludgeoned to death. Meanwhile, her mother kept attempting to call her back.
When Laken failed to return to the home she rented with two friends by noon, her roommates began searching for her and alerted authorities. Her body was found in a forested area by University of Georgia police hours later.
Jose Ibarra is a Venezuelan national who entered the United States illegally in 2022. He crossed the southern border illegally into Texas during the Biden administration and stayed at the Roosevelt Hotel in New York City, which was being used as a migrant shelter supported by FEMA funds, before flying to join his brother in Georgia. In New York, he was charged with “acting in a manner to injure a child less than 17” as well as a license violation for driving a 5 year old around on a moped with no helmets or driver’s license. Ibarra then relocated to Georgia and moved into an apartment complex with his brother, near where Laken’s body was later found. At one point, Ibarra was caught shoplifting on the University of Georgia campus in Athens, Georgia, cited and released. Proponents of the new law say if he had been detained then, he would not have been able to go on to murder an innocent girl.
The day of Laken’s murder he had been seen looking into apartment windows on campus. He would later be found in possession of a fake green card.
Soon after the murder, overwhelming evidence led right to Ibarra as Laken’s killer. He had been wearing black disposable gloves at the time of the murder, which were found after video footage showed him disposing of them in the bushes at his apartment shortly after the murder. It turned out that he had been working on campus in food service. There was a lot of evidence that condemned him as the murderer, and he went on to be convicted in a court of law.
The case garnered a lot of national attention, and one of the first things the public learned was that Ibarra was not a U.S. citizen. This led to public outrage and fury. Venezuelan nationals qualified for protected status at that time, and they could remain in the United States indefinitely as refugees. This has recently changed as well. See Immigration and Global Mobility During the Second Trump Administration – Siri & Glimstad LLP.
What is the Laken Riley Act?
The Laken Riley Act was introduced during the Biden Administration and stalled in a Democrat-controlled Senate. It was rewritten and then passed in the House of Representatives 264-159, with mostly Republicans voting in favor of it. President Trump signed it into law 9 days after he took office for his second term.
This new law changes immigration law by allowing a broader net for deportation of undocumented immigrants who are accused of a crime. It requires the Department of Homeland Security to detain undocumented immigrants who have been charged with or committed theft, caused serious injury or death, or assaulted a law enforcement officer. If the Department of Homeland Security fails to enforce the immigration laws, the Laken Riley Act allows legal action to be taken against them.
Supporters hope that it will prevent tragedies like what happened to Laken Riley by removing individuals who have committed, or are charged with committing, any of the enumerated crimes before they can do more harm. Detractors criticize the bill for allowing the detention of criminals who have only been charged with a crime and not waiting until they commit one. However, one of the requirements for U.S. citizenship during the naturalization process is that foreign nationals pass a good moral character assessment. Given this, if an undocumented individual has already shown that they are lacking in moral character and not headed on the path to citizenship, proponents say that maybe it is not unreasonable to send them back to their country of origin. The argument follows that otherwise we wait and see whether they will commit more crimes, harm someone else, or become an inmate supported by taxpayer money.
What Does This Change About Immigration Law?
The Laken Riley Act allows for much stricter deportation standards. It sends the message that the new administration is going to be highly selective about who is allowed into the United States and will not hesitate to deport anyone who is not here with good intentions. The public is already concerned about those who were allowed in under the previous administration with no background checks or even the minimal vetting required by all countries upon entry.
After several well publicized violent crimes committed by undocumented immigrants in recent years, the American people seem to be in favor of measures which increase public safety and weed out migrants who show they may not be on the path towards becoming a good citizen. The Laken Riley Act was generally received positively, since it only addresses deportation of undocumented individuals who have committed crimes and poses no threat to others.
What To Do If You Have More Questions
Immigration laws and regulations are changing more than ever right now. If you have any question or uncertainty about your own status or that of a family member or employee, the best course of action may be to consult with an experienced and knowledgeable immigration attorney. The laws and paperwork surrounding immigration to the U.S. can be intimidating, complex and confusing. You can find more information about immigration and the different visas available in the articles here.
Or for immediate help with your immigration questions from an immigration attorney, fill out the form here to contact the immigration attorneys of Siri & Glimstad. Immigration policies are changing at a rapid pace and it has never been more important to have a knowledgeable and compassionate advocate on your side.
