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Statement from Virginia LULAC on the Passage of the Laken Riley Act

Virginia LULAC






For Immediate Release: January 4, 2025


Virginia League of United Latin American Citizens (LULAC), the Virginia chapter of the nation’s oldest and largest Latino civil rights advocacy organization is deeply saddened and gravely concerned about the passage of the Laken Riley Act, which we believe poses significant risks to the principles of fairness, due process, and justice. This legislation unfairly targets immigrant communities, weakens trust in law enforcement, and undermines the integrity of our justice system.


The Laken Riley Act requires the Department of Homeland Security (DHS) to detain non-citizens who are charged—but not necessarily convicted—of crimes, including theft, burglary, larceny, shoplifting, and even assault of a law enforcement officer.

Specifically, Section 2 of the Act amends Section 236(c) of the Immigration and Nationality Act to mandate detention of individuals who:


  • “(ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person,”


This provision does not merely raise concerns; it creates new realities that effectively pave the way for automatic detention and investigation by the Department of Homeland Security for people who have only been accused of crimes—without a conviction. It dangerously conflates accusations with guilt, violating the presumption of innocence guaranteed under U.S. law. It creates a pathway for innocent individuals to face detention and deportation based solely on allegations or misunderstandings—a clear disregard for proper judicial recourse.


Furthermore, Section 3 of the Act empowers state attorneys general to file lawsuits against DHS or the Secretary of Homeland Security if they believe immigration laws are not being adequately enforced. While this may seem like a way to ensure accountability, it risks weaponizing immigration enforcement for political agendas and exacerbates fear in immigrant communities.


The Act also fails to address the significant risk of racial profiling and wrongful detentions, which could impact U.S. citizens. For example, the broad language of the law, combined with aggressive enforcement, could lead to situations where American citizens—particularly those who “appear” foreign—are wrongfully detained or scrutinized under suspicion of being undocumented. Additionally, the law allows a state to claim “harm” if financial costs exceed just $100, creating a dangerously low threshold for legal challenges and encouraging an adversarial relationship between states and immigrant populations.


Virginia LULAC firmly opposes this legislation because:

  1. It undermines due process by prioritizing detention and deportation over fair trials and the presumption of innocence.

  2. It sows distrust in law enforcement, as immigrants may fear reporting crimes or cooperating with authorities, knowing they could be targeted or falsely accused.

  3. It disproportionately harms vulnerable individuals, including families and workers, who could face detention based on minor or unfounded accusations.


We also emphasize that U.S. citizens should not be forced to prove their citizenship at every moment of their daily lives. By effectively inviting DHS to investigate everyone regardless of status, this Act fosters an environment of paranoia and mistrust, where innocent people may be compelled to constantly defend their citizenship. Such a climate erodes the sanctity of our laws, allowing gossip, rumor, and undue process to overshadow established legal standards. Law-abiding residents—citizens and non-citizens alike—stand to lose faith in law enforcement if they fear being profiled or detained without cause.

Furthermore, because the Act instructs DHS to detain anyone suspected of being a non-citizen after an arrest or charge, it can lead to wrongful and “automatic” detention of U.S. citizens who either refuse to identify their citizenship or cannot provide documentation on demand. Detaining American citizens under these circumstances would be a grave constitutional violation—yet it is a very real possibility given the broad scope and mandatory nature of this legislation.


Moreover, we will not stand for a paranoid state or fear-mongering that subjects individuals to unwarranted investigations and paves the way for government overreach. We should not have collective punishment for the acts of the disturbed few. This Act grants the federal government excessive power over our state’s affairs and personal lives, undermining the privacy of all Virginians and allowing undue scrutiny of entire communities based on isolated incidents.


This Act perpetuates harmful stereotypes about immigrants and contributes to a divisive narrative that threatens to erode the inclusive fabric of our society.

Virginia LULAC stands united with all who oppose this unjust legislation. We will continue to fight for the rights and dignity of immigrant communities and call upon lawmakers to reconsider policies that tear families apart, deny justice, and harm the very communities they were elected to serve.


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About Virginia League of United Latin American Citizens (VALULAC):

The Virginia League of United Latin American Citizens (LULAC) is the state chapter of the nation’s oldest and largest Latino civil rights organization. Founded in 1929, Virginia LULAC advocates for the economic, educational, and social advancement of Latinos in Virginia. Through advocacy, community initiatives, and public policy efforts, LULAC works to combat discrimination, promote equal opportunities, and protect the civil rights of underrepresented communities. Committed to fostering leadership and creating lasting change, Virginia LULAC strives to build a more inclusive and equitable society for all.


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