Trump signs Laken Riley Act into law - Page 2

Originally Posted by Demise

Nope. It's basically all mandatory detention. Cherry on top is the while previously whether or not to release one from immigration detention was not subject to judicial review, currently releases only are subject to judicial review.

So even if an IJ grants you a release because you had a clean record, and are just twiddling your thumbs until your F2B becomes current and could be fine with just an admin closure until you can file I-601A (where you'd recalendar and get a VD), whatever shithole state can sue and while the collateral review is going on you will likely just stay in detention.

Only real hope is that giving review powers to article III courts will lead to parts of the law being struck down on 5th amendment grounds since in general moving any immigration case to federal court is neigh impossible due to the Real ID Act.

Originally Posted by cmeow

Isn't there a petty theft exemption in the INA or does that not matter when it comes to mandatory detention? Do you know if this applies retroactively? Seems like mandatory permanent detention is really harsh....

Originally Posted by Demise

There is, but that's an exception to a ground of inadmissibility, so theoretically you could sit in detention until an IJ approves an AOS application where petty theft isn't a bar to AOS, but still mandates mandatory detention.

Regarding the retroactivity of it, it's hard to say and will be up to the courts to decide. My guess is that it'll likely end up applying to removal proceedings commenced after the date it was signed into law.

Like the mandatory detention isn't even the worst thing in the law. The worst thing is that all the shithole states can sue the DOJ if you happen to get a release, so even if you have a clean record and normally you'd be low priority they can tie you up in courts that you won't get out until the case works through the courts.

Originally Posted by 2MoreYears

DACAs in FB are freaking out about retroactivity.

Originally Posted by Demise

There is, but that's an exception to a ground of inadmissibility, so theoretically you could sit in detention until an IJ approves an AOS application where petty theft isn't a bar to AOS, but still mandates mandatory detention.

Regarding the retroactivity of it, it's hard to say and will be up to the courts to decide. My guess is that it'll likely end up applying to removal proceedings commenced after the date it was signed into law.

Like the mandatory detention isn't even the worst thing in the law. The worst thing is that all the shithole states can sue the DOJ if you happen to get a release, so even if you have a clean record and normally you'd be low priority they can tie you up in courts that you won't get out until the case works through the courts.