New Immigration Law Puts Many at Risk of Detention and Deportation

The tragic murder of Laken Riley in early 2024 led to a rapid political and legislative response — the most notable being the Laken Riley Act, a bill that has already passed the U.S. House of Representatives and could become a cornerstone of immigration enforcement policy under a new administration.

While its original intent was to target undocumented immigrants with prior criminal charges or convictions, the implications for lawful permanent residents (green card holders) are significant — especially under a more aggressive or restrictive immigration policy platform.

In this post, we’ll explore:

• What the Laken Riley Act proposes

• How a new administration could enforce it

• Which crimes could put green card holders at risk

• Steps green card holders should take to protect their status

What Is the Laken Riley Act?

The Laken Riley Act (H.R. 7511) was introduced in 2024 following the death of nursing student Laken Riley, allegedly at the hands of a Venezuelan migrant. The bill’s official language expands detention mandates and increases collaboration between ICE and local law enforcement.

Key Provisions Include:

• Mandatory detention of undocumented immigrants who are charged with theft, burglary, larceny, or similar crimes.

• Local law enforcement empowerment to notify and request ICE action.

• Annual reporting by DHS on crimes committed by non-citizens released into the U.S. interior.

While it doesn't explicitly mention lawful permanent residents (LPRs), the increased scrutiny, enforcement, and broader interpretation of “deportable offenses” under the INA could result in green card holders being caught in the crosshairs.

How Could the New Administration Use the New Immigration Law?

If the act is signed into law and enforced by a more hardline administration, the following scenarios could unfold:

1. Expanded Cooperation with Local Law Enforcement

Under the act, local police departments would be incentivized or mandated to report foreign nationals arrested for certain crimes — including green card holders. This could lead to:

• Detainer requests for green card holders

• Heightened ICE presence in communities

• Arrest and removal proceedings for LPRs with criminal histories

  
  

2. Reinterpretation of Criminal Grounds of Deportability

A new administration could interpret more minor crimes (like petty theft or marijuana possession) as grounds for:

• Initiating removal proceedings

• Detaining LPRs during immigration hearings

• Revoking green cards under INA 237 (deportability)

Crimes That Put Green Card Holders at Risk

Even without the Laken Riley Act, the Immigration and Nationality Act (INA) already lays out specific categories of deportable offenses. Under a stricter policy lens, these could be aggressively applied to LPRs.

Crimes that can make green card holders deportable include:

1. Crimes Involving Moral Turpitude (CIMTs)

• Theft

• Fraud

• Assault with intent to cause bodily harm

• Domestic violence

• Burglary

Even a single conviction within 5 years of green card issuance could trigger deportability if the sentence is 1 year or more.

2. Aggravated Felonies

• Drug trafficking

• Firearms offenses

• Sexual abuse of a minor

• Money laundering over $10,000

• Murder or attempted murder

These carry mandatory detention and bar reentry or most relief from removal, even for LPRs.

3. Controlled Substance Violations

• Possession of most drugs (even marijuana in certain contexts)

• Distribution or intent to distribute

  
  

4. Domestic Violence or Protective Order Violations

• Crimes involving intimate partner violence

• Violation of restraining or protective orders

  
  

5. Multiple Criminal Convictions

• Two or more convictions of any type that carry aggregate sentences of 5 years or more can trigger removal proceedings.

  
  

Why This Is Concerning for Green Card Holders

Many LPRs assume that having a green card offers permanent protection — but that’s not true when it comes to criminal activity. Under the Laken Riley Act and a more aggressive DHS, you could face:

• Automatic ICE detention upon arrest (even if not convicted)

• Difficulty obtaining waivers or relief

• Loss of naturalization eligibility

• Separation from family

• Expedited removal after serving criminal sentence

What’s more, under the Trump administration or a similar successor, DHS could push for broader interpretations of what constitutes a "deportable offense," increasing the risk for otherwise low-priority LPRs.

What Green Card Holders Should Do Now

If you're a green card holder, particularly with any criminal history or pending charges, you should take proactive steps:

1. Consult an Immigration Attorney

Even minor charges or old convictions can have serious consequences. An immigration attorney can:

• Review your criminal record under immigration law

• Advise on post-conviction relief or vacaturs

• Help prepare a defense plan in case of ICE contact

  
  

2. Get Certified Dispositions

Always keep certified court records for any past charges, dismissals, or expungements. You’ll need them to show:

• You were not convicted

• Your case qualifies for relief

• Your conduct doesn’t meet the deportability threshold

  
  

3. Consider Naturalization If Eligible

Citizenship provides the strongest protection against deportation. If you meet the residency and moral character requirements, consult an attorney about applying ASAP.

4. Avoid Travel with Pending Cases

Leaving the country while charges are pending or after a recent conviction could lead to:

• Inadmissibility at reentry

• Expedited removal

• Detention at the airport

  
  

Final Thoughts

The Laken Riley Act, while seemingly targeted at undocumented immigrants, is a potential warning sign for all non-citizens, especially under a more hardline administration. For green card holders, now is the time to get informed, contact Shan Potts Law Offices and take control of your status — before the legal landscape changes for the worse.