This week, Washington-Seenat of the US intends to adopt a bill, which was warned by lawyers and immigration and experts, may have far-reaching consequences, such as federal courts with the challenges of general prosecutors and surrender to some migrants-in these children and teenagers-quickly stopping and deportation.
Legislation, laken riley act, S. 5It would significantly escalate immigrants and would give prosecutors generally wide freedom to question the federal immigration policy if they are implemented.
Experts are afraid that the bill will aid President Elektromagon in the campaign of Donald Trump in order to introduce mass deportations, requiring the US internal security department to detain uncommon for arrest, accusation or conviction of a minor theft -a defeat to be murdered 22 whose measure is named.
Laken Riley went out, and her roommates were worried after she didn’t return home. Jose Antonio Ibarra, a 26-year-old migrant from Venezuela, was convicted of her murder last month and received a life sentence. According to American immigration and the enforcement of the customs service, he allegedly entered the country illegally in 2022 and was accused of theft in stores, but he was not detained by ICE.
In the presidential election, in which immigration was the main topic, the agent gained bilateral support, and 48 American Democrats voted with the Republicans for the transition. Overwhelming 32 Democrats Senate and one independent with republicans in a procedural vote To move the bill forward.
The Democrats Senate argued that procedural voting is an opportunity to debate the act and add amendments, but it is not clear whether the Republicans Senate will agree to this process.
The main sponsor of the bill, Senator Alabama Katie Britt, said on the Senate floor before a procedural vote that the act “is necessary because it is simple.”
“I want to be very bright, only people who would be subject to this act are criminals illegal aliens,” said Britt. “These people illegally crossed our border and then committed a crime after reaching here. We talk about it. “
But immigration lawyers say that the bill will not only affect undocumented persons, but will hear some immigrants with legal status, led to the arrest of children, questioning the decision on the release and bonds of immigration judges and potentially disturb the issuing of visas on the international scene.
They say that the act, in their definition of “immigrants who are unacceptable”, like those who are affected, is problematic.
“This drives a mass deportation,” said Nithya Nathan-Pineau, a prosecutor and a strategist at the center of legal resources of immigrant.
She said that if someone was detained and is unable to defend himself – because immigrants do not have a lawyer’s guarantee on the basis of US law – they can easily end with conviction.
“This belief can then deport them,” she said. “It was designed to weaken people so that they can be deported.”
Heidi Altman, the Federal Director of the National Immigration Law Center, said that she was worried about the act because there is a long history of immigrants that are heavily carried out and more likely that interaction with law enforcement agencies.
“In the United States there are serious racial differences and arrests, and therefore the support of detention on immigration at the arrest itself, quite clearly and inevitably, imports even greater racial differences than the field system in the immigration system,” she said.
New rights for general lawyers
If this becomes a law, legislation would give a wide legal position to general prosecutors in order to question the federal immigration law. Aaron Reichlin-Melnick, a senior member of the left-wing American Tank American Immigration Council, said that the provision aims to bypass the recent US Court decision.
In the case of 2023The Supreme Court ruled that Texas and Louisiana had no position undermining the priorities of Biden administration for who would be deported.
In addition, the bill would allow the General Prosecutors to question the decision on immigration judges.
Altman said that the habitat courts are already tense, adding that the type of legal power granted to general lawyers undermines the authority of immigration judges “and flooded the federal courts with decisions that have already been taken by immigration judges.”
“You can’t have a functioning judicial system that can be questioned at any time and to any individual decision of each general prosecutor who has a political grinding ax,” she said.
Reichlin-Melnick said that this kind of authority can affect international diplomacy.
General persons of state prosecutors could apply for a federal court order to force the US Department of State to stop issuing visas to a country that refused to accept citizens qualifying for deportation known as resistant countries. Some of these countries include China, Kuba, India and Russia.
“So you can have one general prosecutor and one federal judge dictating international policy towards other countries around the world and potentially forcing the Secretary of State to impose wide visa prohibitions to citizens of entire countries,” said Reichlin-Meelnick.
Altman said that this kind of authority for you to stop visas “can potentially be one of the most destabilizing in terms of greater functioning of the government, as well as foreign relations.”
“There are concerns about the ability of the foreign nation to trust that the federal government actually has any uniform control over visa policy, in addition to the destabilizing impact on the ability of people from countries directed to continue to continue the journey to the US for various reasons that are Important for trade and economy, such as work visits and student visas, “she said.
If the program
While the bill pushed by the Republicans aims to require the obligatory detention of immigrants without adequate legal authorization who have been arrested, accused or convicted of theft, shopping theft or burglary, it may also affect people for persons for discretionary legal statusSuch as people with a conditional dismissal or in a deferred childhood program, or Dac, said Altman.
“It is written directly to the regulation (DAC) that the Internal Security Department has the freedom and permission to solve the status of DAC at any time at any time,” she said. “And yes, if the Lakene Riley Act were to be adopted and required the mandatory detention of persons with a crime of theft, he would probably become under the Trump administration that if the arrested recipient of the DAC was arrested, that they would be arrested and DHS would have the right to solve the status of DAC . “
Nathan-Pineau added that because there is a legality They are currently questioned in the courtsThe recipients are “threatened because the deferred action can be repealed at any time.”
Altman said that immigrants who have a green card, usually known as agreeing with the law of eternal residents, would not be subject to the mandatory detention requirement, unless they were considered to be removed by violating immigration law.
In the case of over 1 million people with fleeting protected status, which means that their country is considered too threatening to return, so that they can work and live in the United States, Altman said that “we would argue that we would not be that TPS recipients cannot be exposed (bill), but as it was written, it is quite ambiguous. “
Nathan-Pineau raised the question that the bill does not ensure the separation of immigrants and would undergo their compulsory detention.
“There is no exception for children,” she said.
Nathan-Pineau said that in her work as an immigration lawyer she often represents juvenile people who were accused of shop theft.
“This is one of the most common interactions between my young clients and law enforcement agencies,” she said.
“Quite extreme in American law”
Altman said that DHS has wide permissions to stop immigrants, but “this project is extended a particularly strict type of arrest, which we call mandatory arrest, because people detained on the basis of this authority cannot even ask for an interrogation in the bond.”
“Their detention is simply automatic, and this account extends this category of detention for people only on the basis of arrest or fee, regardless of whether the arrest ever causes conviction,” she said. “It’s quite extreme in American law.”
Reichlin-Melnick noticed that the bill has no time restrictions until a petite theft was used.
“If you have been arrested for theft, when you are 13 years old and you are now undocumented immigrant, you have been here for 30 years and you apply for a green card by your spouse, you would (considered) a must stop,” he said.
Nathan-Pineau said that the mandatory detention already applies to immigrants who “committed quite significant crimes”, and not something that is considered property crimes.
Nathan-Pineau said that if the law were to become a law, it would require her ex-client. The client was a mother in an offensive situation in which her perpetrator refused to give money for groceries to feed her children, to be treated and arrested, said Nathan-Pineau.
“These are things that we want people to think when we think about real estate crimes, and think about burglary,” she said. “These are types of crimes that can lead to someone sent to arrest for months or years.”
Last updated 13:41, February 4, 2025
