Recently Signed Laken Riley Act Prompts Worries for Undocumented North Carolinians
Ryleigh Johnson | March 4, 2024
On Jan. 29, 2025, President Donald Trump signed the Laken Riley Act into law, mandating that any undocumented immigrant accused of burglary, theft, larceny or shoplifting must be detained by the Department of Homeland Security (DHS). The bill, named after 22-year-old Laken Riley who was murdered while on a run in Athens, Ga., has raised serious constitutional concerns about due process for undocumented migrants and may worsen the already devastating impacts of Hurricane Helene on undocumented people in North Carolina.
The Laken Riley Act mandates that DHS detain illegal immigrants who are charged with, arrested for, convicted of or admit to having committed burglary, theft, larceny, shoplifting, assault of a law enforcement officer or any crime that results in death or serious bodily injury to another person. Opponents say that the bill violates undocumented people’s right to “due process” as outlined in the 5th Amendment of the United States Constitution. Proponents argue that greater immigration restrictions could have prevented Riley’s death from occurring.
Riley’s murder on Feb. 22, 2024, quickly became a political touchpoint for those seeking greater restrictions on immigration after it was revealed that the primary suspect in the case was Jose Ibarra, an undocumented immigrant from Venezuela. Ibarra, who entered the United States near El Paso, Texas in 2022, had previously been arrested in New York for operating a scooter without a license while a child — who was not wearing proper protective gear — was onboard. He was also arrested in Georgia for shoplifting.
The case gained national prominence as Georgia Gov. Brian Kemp, Georgia Representative Marjorie Taylor Greene and Donald Trump blamed former president Joe Biden’s immigration policies for Riley’s death, despite evidence showing that immigrants commit crimes at lower rates than U.S. citizens.
“There are crimes [committed] every day by people who have full citizenship…and we don't call attention to their immigration status,” Paula Garrett, English professor and chair of Warren Wilson College’s (WWC) English and Communications Program, said. “That was a convenient, politicization in order to continue…the use of force that is being used to attack and criminalize people who are here seeking a better life.”
In the wake of Hurricane Helene, undocumented immigrants in North Carolina already face many challenges: inability to access certain shelters or resources due to lack of proper identification, displacement because of flooding and the language barrier have contributed to a slowed response for undocumented migrants and the Latino population as a whole.
Christine Swoap, a Spanish professor at WWC, worries that the Laken Riley Act will make rebuilding even more difficult for a community that already harbors fears of deportation.
“I’ve spoken to people who have felt a sense of rejection based on mannerisms,” Swoap said. “These are just anecdotes, but it’s the stories we have, of people not feeling welcome even to be able to access resources…It's very variable, but now as of January, with the new administration, there's an incredible amount of fear of not just getting resources, but where to go to get resources. You don't know by looking at someone how they're going to treat you.”
Garrett echoed this idea, reinforcing the idea that the Laken Riley Act will contribute to a warped perception of undocumented immigrants as threatening or dangerous.
“We're being sold a picture of immigrants as enemies, and we're being sold a picture of rights as if they are a pie…our piece will be smaller if they get a piece," Garrett said. “That's just not accurate, but that is the narrative, the story that we're being sold.”