Biden Signs Laken Riley Act Mandating Migrant Detentions for Theft Charges

WASHINGTON — President Joe Biden on May 4, 2026, signed into law Public Law 119-1, originating as H.R. 7511, which mandates the detention of any undocumented immigrant charged with, arrested for, convicted of, or admitting to theft or burglary offenses, effective immediately upon enactment.

The law affects undocumented immigrants in the U.S. who face charges for theft or burglary, a group that includes an estimated 10,000 to 20,000 individuals annually based on Department of Homeland Security arrest data from fiscal year 2024. It targets those inadmissible or deportable under existing immigration statutes, impacting enforcement in all 50 states through Immigration and Customs Enforcement operations.

Before the law, the Department of Homeland Security held discretion to release such individuals pending immigration proceedings. Now, detention becomes mandatory until removal proceedings conclude or charges are resolved, with the change taking effect on May 4, 2026.

The Department of Homeland Security must now allocate resources for expanded detention capacity, triggering budget requests in the next fiscal year cycle. Immigration courts will process an increased caseload, with potential backlogs extending removal hearings by months per the Executive Office for Immigration Review's current average of 700,000 pending cases.

States and local jurisdictions will coordinate more closely with federal agents for transfers, activating protocols under existing 287(g) agreements.

Congress passed the underlying bill, H.R. 7511, in the House on March 7, 2024, with six Democrats voting in favor and 37 against party lines per House roll call records. The measure, named after Laken Riley, a Georgia nursing student killed in February 2024 by an undocumented immigrant with prior theft arrests, marks the first major immigration detention reform since the 2018 family separation policy adjustments.