On Jan. 30, 2025, President Donald Trump signed into law H.R. 29/S. 5, known as the Laken Riley Act. The legislation has led to significant debate over undocumented immigrants and public safety. The bill had bipartisan support, with 46 democrats joining their Republican colleagues to vote in favor.
The law is named in memory of Laken Hope Riley, a 22-year-old nursing student from Georgia who was tragically murdered on Feb. 22, 2024, while jogging on the University of Georgia campus in Athens. Her attacker, José Antonio Ibarra, a 26-year-old Venezuelan national who had entered the United States illegally, was found guilty of her murder and sentenced to life in prison without the possibility of parole.
Riley’s death instantly garnered attention online and even led to politicians like Marjorie Taylor Greene to call on then-President Joe Biden to “say her name” during his State of the Union address in March. Ibarra had prior arrests and was released before being taken into federal custody, a major point for those in favor of tougher immigration laws.
In response to this incident, the Laken Riley Act was introduced, with proponents arguing it would prevent similar tragedies by enforcing stricter immigration mandates. The law requires the Department of Homeland Security to detain all undocumented immigrants residing in the United States who are arrested for crimes such as burglary, theft, larceny or shoplifting, regardless of conviction status. The act also gives state attorney generals the right to sue the federal government if they deem them to have failed their duties in immigration enforcement.
A number of advocacy groups have spoken out against the legislation, arguing that it sows fear and division, promotes xenophobic policies under the guise of public safety and undermines basic constitutional rights. The Colorado Immigrant Rights Coalition (CIRC) expressed concerns that the law could lead to the incarceration of immigrants based solely on accusations, directly undermining the principle of “innocent until proven guilty” while further criminalizing communities of color.
“While we all want to live in safe communities, we know this law will not make our communities safer,” said Nicole Loy, policy and campaigns manager with CIRC. Loy emphasized that the legislation could erode trust between law enforcement and immigrant communities, leading to fewer crimes being reported and, consequently, making everyone less safe, according to a press release.
Critics, like the American Immigration Council, also highlight that the act could significantly increase the number of individuals held in detention facilities, many of which are operated by private for-profit prison corporations. Estimates suggest that the law could result in a 250% increase in immigrant detention, with an additional 110,000 people detained. Additionally, the law will cost taxpayers approximately $86 billion over three years, according to CIRC. The potential for a massive increase in inmates is seen by some as a move that directly benefits private prison companies profiting off of mass incarceration.
The legislation has also been criticized for its potential to strip immigrants of their due process rights. The American Civil Liberties Union (ACLU) argued that the law mandates the incarceration of individuals who pose no risk to their communities, potentially for years, based on past accusations of nonviolent offenses like petty theft. This approach, according to the ACLU, fails to consider the complexities of each case that makes its way through the immigration system and could lead to extended periods of incarceration for folks who haven’t been fairly tried.
In Colorado, there is a strong commitment to opposing federal overreach and policies perceived as xenophobic. Our state has implemented measures to keep families together, regardless of immigration status, created pathways for undocumented immigrants to seek healthcare, driver licenses and other social services without fear of deportation and to ensure that all individuals are treated with dignity and respect. Immigration advocates are urging local leaders, elected officials and residents to reject measures that vilify and criminalize immigrant communities and to support policies that reflect shared values of safety, justice and opportunity for all.
The right vehemently denies weaponizing Laken Riley’s murder for political purposes; rather, they consider it a form of retroactive justice in her honor. However, the Laken Riley Act might be likened to burning down an entire forest to kill one tree.