Original Date Announced

The 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]

Subsequent Trump and Court Action

2025.07.24 Petition for Habeas Corpus - Doe v. Moniz

John Doe, an 18-year-old recipient of Special Immigrant Juvenile status, filed a petition for habeas corpus to challenge his immigration detention. He was detained after being arrested for alleged shoplifting, and was denied a bond hearing under the Laken Riley Act. The petition states that his detention without individualized process violates the Fifth Amendment. Doe v. Moniz, No. 1:25-cv-12094 (D. Mass.).

**Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

Subsequent Trump and Court Action

2025.09.05 Grant of Writ of Habeas Corpus - Doe v. Moniz

In what the ACLU describes as perhaps the first judicial decision to address mandatory detention under the Laken Riley Act, District Judge Indira Talwani ordered the government to provide a bond hearing to Doe. The court found that the government violated his constitutional right to due process by detaining him without bond and with "no process as to his arrest or his detention." Judge Talwani also found that individuals present in the United States with Special Immigrant Juvenile status, like the 18-year-old Doe, are not categorically exempt from mandatory detention under the Laken Riley Act. Doe v. Moniz, No. 1:25-cv-12094 (D. Mass.).

**Link to case here. See litigation note above**