Virginia League of United Latin American Citizens (VALULAC) Calls for Full Repeal or Significant Amendment of the Laken Riley Act
- Virginia LULAC
- 6 days ago
- 3 min read
FOR IMMEDIATE RELEASE March 3, 2026
Virginia — The Virginia League of United Latin American Citizens (LULAC), the state chapter of the nation’s oldest and largest Latino civil rights advocacy organization, expresses deep concern about the passage of the Laken Riley Act, which we believe undermines fundamental principles of fairness, due process, and justice. The law — enacted by the 119th U.S. Congress and signed by the President on January 29, 2025 — mandates sweeping immigration detention policies and grants unprecedented legal authority to states in federal immigration enforcement, a framework that threatens immigrant communities and due process rights.
The Laken Riley Act requires the Department of Homeland Security (DHS) to detain individuals who are arrested for, charged with, or convicted of certain crimes — including burglary, theft, larceny, shoplifting, assault on law enforcement, or any offense resulting in serious bodily injury. This detention occurs without the standard rights to a bond hearing, effectively conflating accusation with guilt and eroding the presumption of innocence guaranteed by U.S. law.
Virginia LULAC is profoundly concerned that this provision:
Prioritizes detention over individualized judicial review, undermining due process rights for noncitizens.
Encourages racial profiling and stigmatization of Latino and immigrant communities.
Exposes noncitizens — and potentially citizens in mistaken enforcement actions — to prolonged detention on the basis of charges, not convictions.
In addition, the Act empowers state attorneys general to sue the Secretary of Homeland Security or DHS if they believe the federal government is not adequately enforcing immigration laws — a provision that risks politicizing immigration enforcement and enabling states to weaponize litigation against federal priorities.
Virginia LULAC opposes the Laken Riley Act because:
It undermines foundational constitutional protections, including the presumption of innocence and the right to due process.
It erodes trust between immigrant communities and law enforcement, making it less likely survivors or witnesses will engage with authorities.
It subjects families and workers — including individuals with deep community ties — to detention for charges that may never result in conviction.
The Act’s flaws were highlighted by civil rights organizations across the country that warned the legislation has “strengthen … mass deportations … and force immigration authorities to detain individuals accused of nonviolent offenses like shoplifting regardless of whether law enforcement even deems them a threat.”
Our organization stands firmly against this law that prioritizes punitive measures over constitutional justice, due process, and humane immigration policy. We believe that sound public safety policy must protect communities while upholding the rights and dignity of all individuals, citizens and immigrants alike. The broad detention mandates and legal empowerment of state officials in the Laken Riley Act do the opposite.
We also emphasize that U.S. citizens should not be forced to prove their citizenship at every moment of their 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 status. Such a climate erodes the sanctity of our laws, allowing rumor and fear to overshadow established legal protections. Law-abiding residents — citizens and non-citizens alike — stand to lose faith in law enforcement if they fear being profiled or detained without cause.
Moreover, because the law directs DHS to detain anyone suspected of being a non-citizen after an arrest or charge, it has lead to wrongful and “automatic” detention of U.S. citizens who either cannot immediately present proof of citizenship or whose documentation is questioned. Detaining American citizens under these circumstances would be a grave constitutional violation — and has become a reality given the broad scope and mandatory nature of this legislation.
We will not stand for a paranoid state or fear-mongering that subjects individuals to unwarranted investigations and paves the way for government overreach. There should be no collective punishment for the acts of the disturbed few. This Act grants the federal government excessive power over Virginians’ lives, undermining privacy, community trust, and basic civil liberties — and allowing undue scrutiny of entire communities based on isolated incidents.
Virginia LULAC calls on federal lawmakers to:
Support the full repeal of the Laken Riley Act.
Alternatively, pursue substantial amendments to restore due process protections, including reinstating access to bond hearings and removing mandatory detention expanded under this law.
Prevent state legal actions that would override established federal immigration priorities.
We reaffirm our commitment to protecting civil rights and promoting equitable justice for all communities. The dignity of immigrant families, workers, and residents across Virginia and the nation must be preserved, not jeopardized by extreme enforcement measures.
###
About Virginia LULAC
Virginia LULAC is the state chapter of the League of United Latin American Citizens (LULAC), the nation’s oldest and largest Latino civil rights advocacy organization. Our mission is to advance the economic condition, educational attainment, political influence, health, housing, and civil rights of Hispanic Americans in the Commonwealth of Virginia and beyond.
Comments