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IMMIGRATION                                                             APRIL 19, 2024     |  The Indian Eye 44





               Lock Up Falsely Arrested Adjustment



          Applicants and Teenage Shoplifters, or Be



                 Sued: the House’s “Laken Riley Act”






        DAVID ISAACSON             of Homeland Security to take  they suspect them of a petty   conviction, only that one be  unless their asylum status is
                                   into custody aliens who have  crime.” As it turns out, how-  “charged with” or “arrested  terminated). That scenario
               n March 7, 2024, the  been charged in the United  ever, some of the details are   for” the crimes in question.  would at least bear some dis-
               Republican-led U.S.  States with theft”.       even worse  than  that  press   Mandatory detention fol-  tant, tenuous resemblance
        OHouse of Represen-            Perhaps because the  release suggests.             lowing an arrest or charge  to the cases that the authors
        tatives passed the “Laken  Laken Riley Act has little     The text of the Laken   that  need  not  even  lead  to  of H.R. 7511 presumably
        Riley Act”, H.R. 7511. The  chance of passing the Senate  Riley  Act  would  add  a  new   a conviction would be bad  thought they were trying
        bill was named after a mur-  or becoming law, there has  paragraph (1)(E) to the list   enough if it only applied to  to address,  although the
        der victim from Georgia,  been little public analysis of  of those subject to mandato-  people who one would other-  thought of an asylee, grant-
        whose “alleged murderer”,  its details, although its initial  ry detention during removal   wise reasonably expect to be  ed permission to stay in the
        as the bill describes him, had  passage by the House was  proceedings in INA § 236(c),   placed in removal proceed-  United States for safety from
        been paroled into the United  covered by major media such  8 U.S.C. § 1226(c), covering   ings, since even they are en-  persecution, being subject to
        States from Venezuela and  as the New York Times and  “any alien who . . .        titled under the Constitution  mandatory detention due to
        had previously been arrested  CNN. At least one press re-  (i) is inadmissible under   to due process of law—and  potentially false charges of
        for driving a scooter without  lease has correctly observed  paragraph (6)(A), (6)(C), or   there has been at least one  theft or shoplifting, is none-
        a license (with a child who  that “Under the Laken Riley  (7) of section 212(a), and  recent and notorious inci-  theless horrifying. But the
        was not wearing a helmet)  Act, a Dreamer who lives in    (ii) is charged with, is   dent of an asylum-seeker  reach of H.R. 7511’s cited
        and for shoplifting. The bill  a hostile state could be sub-  arrested for, is convicted of,   being accused of a more se-  grounds  of inadmissibility  is
        describes its primary purpose  ject  to  indefinite  detention  admits having committed,   rious crime than shoplifting  even broader, and stranger,
        as “To require the Secretary  simply because someone says  or admits committing acts   before being exonerated. But  than this.
                                                                  which constitute the es-  for reasons that may be less   The ground of inadmissi-
                                                                  sential elements of any   obvious, the Laken Riley Act  bility under INA § 212(a)(7),
                                                                  burglary,  theft,  larceny,   would go significantly farther  which applies to documen-
                                                                  or shoplifting offense,”  even that that.          tation requirements such as
                                                                      H.R. 7511, § 3(1). It   One problem is the  having a proper immigrant or
                                                                  would require that “The   breadth of the inadmissibil-  nonimmigrant visa or pass-
                                                                  Secretary of Homeland   ity grounds which, together  port, was presumably includ-
                                                                  Security shall issue a   with any charge or arrest  ed in the Laken Riley Act
                                                                  detainer for an alien de-  for burglary, theft, larceny  order to capture parolees, as
                                                                  scribed in paragraph (1)  or shoplifting, would trigger  Laken Riley’s alleged mur-
                                                                  (E) and, if the alien is not   the mandatory detention.  derer had been paroled into
                                                                  otherwise detained by   The  reference to one  “in-  the United States. While the
                                                                  Federal, State, or local   admissible  under  paragraph  bill’s authors may have had
                                                                  officials, shall effectively   (6)(A). . . of section 212(a)”  in mind those who first arrive
                                                                  and expeditiously take   would  cover  anyone  who  in the United States on pa-
                                                                  custody of the alien.”   entered without inspection,  role, however,  the  language
                                                                  Id. § 3(3). In addition, it   even if they have since been,  of the bill is broad enough to
                                                                  would allow lawsuits by   for example, granted asylum,  cover those who use advance
                                                                  “The attorney general of   at least as the law has been  parole to leave and re-en-
                                                                  a State, or other autho-  interpreted by the Board of  ter the United States while
                                                                  rized  State  officer”  to   Immigration Appeals. INA  they have a pending appli-
                                                                  file  lawsuits  challenging   § 212(a)(6)(A)(i) states that  cation for an immigration
                     m of                                         the release of aliens in   “An alien present in the Unit-  benefit,  most  commonly  an
          CYRUS D. MEHTA & PARTNERS PLLC                          alleged violation of INA   ed States without being ad-  application for adjustment
                                                                  § 236 and various other   mitted or paroled . . . is inad-  of status to that of a Lawful

          
                          
  	                            
             sections of  law relating   missible”, and the BIA held  Permanent Resident (green
                                                                  to immigration. Id. at §   in Matter of V-X-, 26 I&N  card holder). They, too, will
             	                                 
                            4(a.)-(f.).  Dec. 147 (BIA 2013), that a  upon their return be tech-
                                                   
             ­
               €   
              ‚                                                     The  most  obvious   grant of asylum is not an “ad-  nically  inadmissible  for  lack
                                                                  problem  with  this  new   mission” for these purposes,  of an immigrant visa, until
                                                                  language would be that,   leaving asylees subject to the  their applications for adjust-
                                                                  as the above-quoted     grounds of inadmissibility  ment of status are  granted,
                                                                  press  release  flagged,   (although  with  the  proviso  and so INA § 212(a)(7) is
          2              6th Floor
           
     
        	
     
         
                it does not require a   that they cannot be removed  the ground of inadmissibility


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