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Original Date Announced
January 30, 2025The EOIR Acting Director issued PM 25-11 providing guidance to EOIR employees on relevant provisions of the Laken Riley Act, which was signed into law on January 29, 2025.
PM 25-11 underscores that the Laken Riley Act added another category of persons subject to mandatory detention. Per new INA § 236(c)(1)(E), anyone who is (i) inadmissible under INA § 212(a)(6)(A), (6)(C), or (7), and (ii) "is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person" is subject to mandatory detention. Per the Laken Riley Act, the definitions of burglary, theft, larceny, shoplifting, assault on a law enforcement officer, and serious injury are controlled by state law.
PM 25-11 reminds immigration judges they cannot review custody determinations for persons subject to mandatory detention, beyond the question of whether they are "properly included" in the mandatory detention category. PM 25-11 also stresses the Laken Riley Act makes unreviewable "any action or decision by the Attorney General . . . regarding the detention of any alien or the revocation or denial of bond or parole."
Trump 2.0 [ID # 1486]
2025.01.30 EOIR PM 25-11: Laken Riley ActEffective Date
January 30, 2025Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Detention Hearings and Adjudications
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
EOIR PM 25-11: Laken Riley Act
- Commentary
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To provide information, corrections, or feedback, please email IPTP.feedback@gmail.com
Commentary
2025.01.29 Six Amendments to the INA Made by the Laken Riley Act - NILA
NILA published a redlined version of the INA showing the provisions added by the Laken Riley Act.
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