What to Know About the Laken Riley Act

Then-presidential nominee and former President Donald Trump speaks as supporters hold images of Laken Riley during a campaign event in Rome, Ga., on March 9, 2024. Elijah Nouvelage/AFP via Getty Images

The Laken Riley Act, named after a 22-year-old nursing student from Georgia who was murdered by an illegal immigrant last year, is headed to the desk of President Donald Trump. The act aims to prevent others from facing the same tragic fate that ended her life. Once signed by Trump, it will become law.

As of Jan. 20, the legislation has passed both houses of Congress with bipartisan support, making it the first piece of legislation to pass both houses of the 119th Congress.

What Happened to Laken Riley?

Laken Hope Riley was assaulted and murdered in February 2024 by Jose Antonio Ibarra. Ibarra entered the United States illegally in 2022 and was arrested and released multiple times for various offenses, including theft.

Riley was a student at Augusta University College of Nursing. Her body was found in a forested area near running trails.

Her family and friends called Ibarra a “monster” and a “truly evil person” when asking the judge to sentence Ibarra to the maximum penalty.

He was sentenced to life in prison without the possibility of parole after being found guilty on all 10 charges, including malicious murder, three counts of felony murder, kidnapping, and aggravated assault with the intent to rape, among other charges.

Ibarra, an illegal immigrant from Venezuela, entered the United States in 2022 and was waiting on immigration proceedings at the time of his attack on Riley.

An Immigration and Customs Enforcement (ICE) spokesperson previously told The Epoch Times that Ibarra came in contact with their agency in September 2022 after crossing the border near El Paso, Texas. After his arrest, he was released for further immigration proceedings.

Almost a year later, in August of 2023, Ibarra was arrested again in New York City by police and charged with “acting in a manner to injure a child less than 17” and a license violation. He was later released before immigration officials could file a detention order or initiate deportation.

In September 2024, a letter from ICE sent to Rep. Tony Gonzales (R-Texas) stated that of the 7 million illegal immigrants that ICE released to await processing, 662,566 have criminal histories.

Of the more than half a million known criminals released, 13,000 were convicted of homicide, 15,811 of sexual assault, and 1,845 faced homicide charges.

“We must make sure this doesn’t happen again,” Gonzales said in a Jan. 22 social media statement. “That’s why I was proud to support the Laken Riley Act to deport criminal illegal aliens—and I’m glad to see this legislation head to the President’s desk.”

What Will the Legislation Do?

The legislation requires federal law enforcement to detain illegal immigrants arrested or charged with crimes such as theft, burglary, or shoplifting. Illegal immigrants arrested for these crimes or any crime that results in death or bodily injury regardless of conviction status will be detained for deportation.

It also allows state attorneys general to sue the federal government for relief over “certain immigration-related decisions or alleged failures” if they resulted in harm to the state or the state’s residents.

Laken Riley in an undated photo. GoFundMe/Screenshot via The Epoch Times

Potential failures that would allow states to sue the federal government include the failure to detain an individual who was under a deportation order or a lack of fulfillment of vetting requirements for those seeking to enter the United States.

When the legislation made its way to the Senate, lawmakers widened the application to include any illegal immigrant accused of assaulting a police officer or crimes that injure or kill someone.

Sen. John Fetterman (D-Pa.) cosponsored the bill in the Senate.

“Laken Riley’s story is a tragic reminder of what’s at stake when our systems fail to protect people. No family should have to endure the pain of losing a loved one to preventable violence,” Fetterman said in a Jan. 7 statement. “Immigration is what makes our country great. I support giving authorities the tools to prevent tragedies like this one while we work on comprehensive solutions to our broken system.”

What Concerns Have Been Expressed About the Legislation?

The bill’s detractors voiced concern that the new legislation would impose new requirements on federal authorities without providing sufficient funding to handle the added burden, describing it as only a partial step toward the well-funded reform needed to fix the immigration system.

The Department of Homeland Security estimated that implementation of the act would cost around $26.9 billion in the first year, including the addition of 110,000 ICE detention beds.

“The bill’s authors claimed it’s going to result in the arrest and detention of serious criminals, but it will not do that because it’s a totally unfunded mandate,” Sen. Chris Murphy (D-Conn) said.

Rep. Jamie Raskin (D-Md.) criticized the legislation during the floor debate in the House. He said that the bill was an “empty and opportunistic measure” and could result in the punishment of otherwise law-abiding illegal immigrants.

“Under this bill, a person who lived in the United States for decades, saved for most of her life, paid taxes, and bought a home, but who was mistakenly arrested for shoplifting would not be free to resume her life,” he said.

The Associated Press and Stacy Robinson contributed to this report.