House Passes Measure to Deport Migrants for Theft

 Posted on January 22, 2025 in Immigration

While not yet passed into law, the first bill of 2025 introduced by House Republicans and named after slain Georgia student Laken Riley, would require the detention of any migrant arrested for theft. This legislation is intended to honor the young woman killed by a Venezuelan migrant arrested for shoplifting prior to the attack.

The bill has both proponents and advocates in Congress and the Senate. Immigration issues are likely to become much more complex in the coming months. If you or a loved one is facing an immigration issue or fears deportation, speaking to a Plano, TX immigration attorney can be a positive step.

Information Regarding the House Bill

The bill was first introduced last March but failed to be approved by the Senate. If passed into law, it would require the detention of migrants in the U.S. seeking asylum who have been accused of theft, burglary, or shoplifting. The bill has caused some concern because it requires detention for those charged or arrested rather than convicted.

Those who oppose the bill fear migrants could be placed into detention without due process. This means that a person who has lived and worked in the U.S., perhaps even for decades, is mistakenly arrested for shoplifting and would be detained and deported, even if the charges are later dropped.

The law, as written, would also allow state attorneys general to handle enforcement despite the fact that courts have typically discouraged states from intervening in immigration enforcement issues. It is unclear whether there is sufficient support to allow the bill to pass. While most or all Republicans are expected to vote for the bill, it is unclear whether some Democrats will vote for the bill.  

Do Immigrants Commit More Crimes than Native-Born Residents?

Multiple studies have found that both legal and undocumented immigrants commit crimes at significantly lower rates than native-born residents. The Texas Department of Public Safety released a study in September 2024 that concluded that undocumented immigrants are arrested at less than half the rate of native-born U.S. citizens for violent and drug crimes, and at a quarter of the rate of native-born citizens for property crimes.

Arrest records were tracked for both groups across a period of seven years to determine which group had the highest arrest rates. Undocumented immigrants had the lowest offender rate for total felony crimes and violent felony crimes. Immigrants – especially undocumented immigrants – know that any run-in with law enforcement could trigger removal proceedings or hinder a green card application. Further, many immigrants are in the U.S. under asylum rules and simply would not risk being sent back to a country that had significant risks for them.  

What Can Asylum Seekers Do Now if They Fear Deportation?

Those who are placed in expedited removal proceedings and who have a credible fear of persecution or torture may seek asylum before a USCIS asylum officer or a DOJ Immigration Judge. If the asylum officer does not find that a credible fear of persecution or torture is believable, an Immigration Judge review can be requested. If such a review is not requested, ICE may remove the individual from the United States.

Contact a Dallas, TX Immigration Lawyer

If you feel that you or your family could potentially be removed from the country under new administration rules or because you have been charged with a theft crime, it is important that you speak to a highly skilled Plano, TX immigration attorney. Attorney Lee can work with clients remotely when necessary. You will receive one-on-one guidance for all your immigration needs as you work directly with attorney Lee, whose parents went through the immigration process. Contact Law Office of Jae Lee at 214-295-3014 to schedule your free consultation.