Washington, DC (Jan 22, 2025) – The National Association of Criminal Defense Lawyers (NACDL) condemns the passage of the Laken Riley Act, a law which subjects undocumented persons to mandatory, prolonged detention based on mere arrest for theft-related offenses, including shoplifting. Under the Laken Riley Act, there is no opportunity to release those who present no danger to the community nor timely opportunity to challenge wrongful arrests. Mandatory immigration detention without opportunity to request bond is unjust and unnecessary, and detention based solely on arrest sets a dangerous precedent. The Act will strain detention system resources and delay the judicial process as defense counsel face significant challenges in accessing their clients and preparing a defense.

“Once again, we have allowed fearmongering to strip away basic civil liberties,” said NACDL President Christopher Wellborn. “The provisions of this law undermine due process protections and hamper access to counsel. Innocent people will be unjustly arrested and denied recourse to challenge their case. Detaining individuals merely accused of crimes indefinitely runs counter to our country’s founding principles. We have seen time and time again that mass incarceration does not make us safer.”

“We are gravely concerned about the impact this Act will have on access to counsel and the fair administration of justice,” said NACDL President Lisa Wayne. “The consequences will be devastating; wrongful arrests and permanent detention for petty crimes will overwhelm our already inhumane detention systems. This law sets up unacceptable barriers for defenders to access their clients and build a defense. It is a mistake to dismantle due process protections in the name of public safety. This draconian law will harm us all.”

Contacts

Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org

The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.