The Laken Riley Act Does Nothing about Immigration
It only violates due process
Today, the Senate prepares for debate on the Laken Riley Act — a bill that would mandate putting people in prison for months or years who have merely been charged with crimes like theft or shoplifting.
People who are convicted of such crimes are already subject to mandatory detention. And the Laken Riley Act does not purport to affect who gets removed from the country or why - the Immigration and Nationality Act already does that.
I don’t have much time to post today, because our WVU Law Clinics team is busy putting the finishing touches on a project that will help people in West Virginia assert their constitutional rights.
People have the right to remain silent if questioned by law enforcement. In West Virginia, they are not required to identify themselves (except to show a driver’s license and registration in a traffic stop).
They have the right to refuse to let an officer enter their home or business without a detailed search warrant signed by a judge. They have the right not to sign anything without an attorney present.
And they have a right to due process of law before they can be deprived of their liberty, a right I hope the Senate remembers today — or the federal courts remember tomorrow.
Due process concerns all of us. There are countries that routinely jail people based on mere accusations. Many of our clients in the WVU Immigration Law Clinic have fled those countries. I fervently pray that the United States does not become one of them.