Deporting criminals is a no-brainer. But the Laken Riley Act isn't about that. | Opinion

Deporting criminals, including shoplifters, is a no brainer. But the Laken Riley Act isn’t that simple.

The legislation cruising through Congress does not just expand deportation of nonviolent offenders but also strips due process and clears the way for states to meddle with immigration enforcement.

A lot of attention is on the fact that Democrats, including Arizona U.S. Sens. Ruben Gallego and Mark Kelly, are eagerly backing – and in Gallego’s case, even championing – the bill.

Why are Democrats turning on migrants now? Because being tough on migrants is suddenly en vogue in Donald Trump’s America, regardless of the broader and unintended consequences.

Laken Riley Act isn't what it seems

Demonstrators hold campaign signs with a photo of Laken Riley, 22-year-old nursing school student killed by a Venezuelan immigrant living in the country without legal permission, during a rally in Rome, Ga., on March 9, 2024.
Demonstrators hold campaign signs with a photo of Laken Riley, 22-year-old nursing school student killed by a Venezuelan immigrant living in the country without legal permission, during a rally in Rome, Ga., on March 9, 2024.

Selling the legislation as merely deporting criminals is politically convenient. Americans will eat that up in one gulp. After all, who can possibly defend criminals?

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But don’t be fooled by sound bites.

The legislation, which cleared the House last week with the support of 48 Democrats and will almost certainly pass the Senate, is a lot more complex than simply locking up and deporting low-level criminals.

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The Laken Riley Act grew from the killing of a Georgia nursing student in February by an undocumented immigrant from Venezuela.

The reasoning here is that the 22-year-old would still be alive had her murderer been kicked out of the country when he was first caught shoplifting.

I sympathize with that sentiment and understand the importance of not letting anyone off the hook for stealing or committing any other type of crime.

Nevertheless, this legislation is bad as written.

Laken Riley Act offers no due process

Where is the presumed innocence until proven guilty?

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The bill requires the Department of Homeland Security to lock up anyone here illegally who is accused of burglary, theft, larceny or shoplifting.

The key word here is “accused.” It means detaining or deporting without due process, without letting the criminal justice system adjudicate each case, which is a cornerstone of America.

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Who cares, if these people shouldn’t be in the United States in the first place?

Because it undermines the application of justice selectively. Once we erode that, there’s no telling what comes next for others.

States can interfere with immigration enforcement

Immigration enforcement has been the sole responsibility of the federal government. This legislation changes that.

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It allows any state to sue the feds for “alleged failures” in immigration enforcement or if the “failure caused the state or its residents harm.”

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Vanessa Cárdenas of America’s Voice argues that the legislation empowers “anti-immigrant zealots … to overturn longstanding precedent” and “take the reins of federal immigration policy and throw our out-of-date immigration system into more chaos.”

This could lead to inconsistent immigration enforcement policies across states, undermining federal authority. It might not happen overnight, but that still can’t be good.

States would have veto power over federal immigration visas

Still think the legislation is just about deporting shoplifters? Think again.

Under this legislation, states could seek to ban visas from countries like China and India if such countries delay or don’t accept their deported nationals.

Sen. Ruben Gallego, D-Ariz., speaks to reporters about the Laken Riley Act at the U.S. Capitol on Jan. 9, 2025.
Sen. Ruben Gallego, D-Ariz., speaks to reporters about the Laken Riley Act at the U.S. Capitol on Jan. 9, 2025.

The strategy is clearly designed to further terrorize undocumented immigrants and root them out, which would work to an extent. Especially because many local authorities can stop them for anything, including a broken taillight, and turn them over to immigration.

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With that kind of enforcement usually comes racial profiling of entire communities. We’ve seen it. Anyone remember former Sheriff Joe Arpaio and what he did in Maricopa County?

Anyone brown becomes a target, including U.S. citizens. And undocumented immigrants will go underground, refusing to report crimes against them or anyone else.

Nobody is safe when that happens.

Republicans and now Democrats, too, want you to believe that the Laken Riley Act is about deporting shoplifters.

Don’t be fooled.

It’s a power grab by states to dismantle federal authority over immigration enforcement.

Elvia Díaz is editorial page editor for The Arizona Republic and azcentral.com, where this column originally appeared.

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This article originally appeared on Arizona Republic: Laken Riley Act makes us all less safe – not just migrants | Opinion