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The Laken Riley Act requires the Department of Homeland Security (DHS) to detain, without bond, any undocumented immigrant who is arrested, charged, or convicted of specific offenses, including theft-related crimes, assault of a police officer, or any act causing death or serious bodily harm.
Though immigration legislation is often contentious, this Act passed with bipartisan support. Advocates argue that mandatory detention for theft – such as in the case of Laken Riley – might prevent future tragedies. Detractors criticize the law’s broad scope, noting it includes non-violent offenses like shoplifting and may deny due process by eliminating bond options for non-dangerous individuals.
Regardless of perspective, the Act is now law and it carries real implications for U.S. employers, especially those that rely on immigrant workers. Understanding your responsibilities under the Laken Riley Act is critical to protecting your business and your workforce.
Potential Compliance Risks for Employers From the Laken Riley Act
Although the Laken Riley Act does not directly regulate employment eligibility, it amplifies enforcement actions by Immigration and Customs Enforcement (ICE), including worksite visits and raids. Employers can mitigate risk through proactive compliance measures.
Increased Scrutiny of Immigrant Workers
The law applies not only to undocumented individuals but also to certain non-citizens with temporary legal status, including:
- Asylum seekers
- Individuals with Deferred Action for Childhood Arrivals (DACA)
- Temporary Protected Status (TPS) recipients
Notably, the Act does not apply to:
- Lawful Permanent Residents (Green Card holders)
- Refugees admitted abroad
- Visa holders (e.g., H-1B), even those who overstay
- Individuals with existing removal orders
However, ICE agents cannot assess legal status by appearance alone, which means immigrant workers may face broad and indiscriminate scrutiny, including individuals not covered by the law.
Business Disruption Risks
The Act expands grounds for inadmissibility to include arrests, charges, or convictions for:
- Theft, larceny, burglary, or shoplifting
- Assaulting a law enforcement officer
- Crimes causing death or serious injury
Because inadmissibility may now be triggered before conviction, long-term employees could be detained, even during ongoing proceedings. Automatic visa renewals no longer provide the protection they once did. Meanwhile, the mere presence of ICE at your facility – even if you’re fully compliant with your sponsored employees – can cause reputational damage, especially on social media.
Increased Risk of Criminal Repercussions
Mandatory detention applies even if an employee is merely accused of a listed crime. Worse still, the law does not restore bond eligibility even if charges are dropped or dismissed. In fear, some employees may simply disappear, creating workforce disruptions.
Travel and Re-Entry Denials
For many workers, travel is critical to their job. DHS may deny advance parole or reentry clearance, placing your global operations at risk if key team members cannot return to the U.S.
How Brown Immigration Law Can Help Keep You in Compliance
Brown Immigration Law works with employers to minimize exposure to immigration enforcement actions. Our services include:
Record Audits
We conduct detailed audits to identify and address missing documentation, including:
- Form I-9s
- Identity and employment authorization records
- Visa documentation
Strategic Compliance Planning
We help build tailored worksite compliance plans, addressing:
- Proper documentation for employment authorization
- Effective use of E-Verify
- Internal audits of Form I-9s
- Hiring and onboarding procedures
These efforts not only protect against ICE enforcement, but also identify vulnerable workers so that your business can prepare and respond accordingly.
Proactive Risk Mitigation Strategies
You can minimize your business’s exposure to business disruptions and sanctions by taking these proactive steps.
Emergency Response Protocol
Prepare for the unexpected. Your emergency plan should include:
- Points of contact for affected workers and their families
- Instructions for gathering critical documentation
- Identification of legal counsel
- DHS contact procedures
Ensure that your HR and legal teams are trained and ready to implement this plan quickly.
Ongoing Record Maintenance
Stay current with:
- Immigration status updates
- Visa expiration dates and renewals
- Changes in employee job duties
- Any new Requests for Evidence (RFEs)
We can pre-review documentation to strengthen your position before enforcement actions occur.
Risk Identification & Contingency Planning
The risks associated with hiring foreign nationals can evolve rapidly under new laws like the Laken Riley Act. For example, a TPS recipient may face detention following a minor accusation, regardless of guilt.
We assist in identifying at-risk employees and developing proactive steps to protect them and your business.
Call Brown Immigration Law Today to Schedule a Compliance Review
The uncertainties faced by immigrants can be disruptive to your company’s essential functions and reputation. However, you can get ahead of these issues with preparation and a rigorous compliance plan. The attorneys at Brown Immigration Law have extensive experience advising businesses on how to deal with our complex immigration system. We have offices to serve clients in Cleveland, OH, Columbus, OH, Orlando, FL, Tampa, FL, and North Carolina. Contact us or call 888-861-4414 to discuss how we can help.
