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IMMIGRATION APRIL 26, 2024 | The Indian Eye 47

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under which they would be charged cy procedures to mandatory immi- this, according to section 4(b) of the the actions of Republicans in putting
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if placed in removal proceedings. Un- gration detention, if that teenager Laken Riley Act, the attorney general forward the Laken Riley Act as “ex-
der the Laken Riley Act, therefore, had previously entered without in- of any state that could claim at least ploiting [Laken Riley’s] death for a
an applicant for adjustment of status spection or traveled on advance pa- $100 in damage could sue them “to partisan stunt” and “throwing togeth-
who travels on advance parole, and is role, and had not yet become a Law- obtain appropriate injunctive relief.” er legislation to target immigrants in
later incorrectly charged with or ar- ful Permanent Resident. So an attempt by DHS to be some- an election year.” That description
rested for theft or shoplifting, would It gets worse. If state authorities what reasonable in enforcing these appears accurate. The legislation
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need to be detained by immigration had not considered it worthwhile to overly broad criteria under unjust having been thrown together hastily,
authorities until the completion of detain the falsely accused adjustment circumstances would simply lead to to exploit Laken Riley’s tragic death
those removal proceedings. If visa applicant or teenage shoplifter while litigation, and possibly a court order for partisan purposes, may help ex-
numbers had become unavailable sorting out a minor criminal charge, to more rigorously enforce the Laken plain why the House would have
since the filing of that adjustment ap- section 3(3) of the Laken Riley Act Riley Act’s peculiar requirements. passed legislation mandating the in-
plication (what is commonly known would mandate that DHS “effective- The author’s own Representa- definite detention of falsely accused
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as “retrogression”), the proceedings ly and expeditiously take custody of tive in Congress, Jerrold Nadler, was adjustment applicants and teenage
could potentially drag on for years the alien.” And if DHS did not do quoted by CNN as having described shoplifters. But it does not excuse it.
until a visa number became available _________________________________________________________________________________________________________
again, and during all of that time, the
Laken Riley Act would mandate de- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus
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tention of the adjustment applicant. D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task
Another problem with the struc- Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics Committee; special counsel on immigration matters
ture of the Laken Riley Act is that to the Departmental Disciplinary Committee, Appellate Division, First Department, New York; member of the ABA
while a “conviction” under immigra- Commission on Immigration; board member of Volunteers for Legal Services and board member of New York Immi-
tion law has been defined to exclude
many juvenile delinquency proceed- gration Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration Council and
ings, as explained by the BIA in Mat- former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He is a
ter of Devison, 22 I&N Dec. 1362 frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct profes-
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(BIA 2000), there is no such case law sor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
regarding an arrest or charge, nor the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA
does the text of the Laken Riley Act 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immi-
include any such carve-out. Thus, the
Laken Riley Act would apparently gration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked
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subject even a teenager charged with among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019
shoplifting under juvenile delinquen- and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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