Trump signs sweeping immigration law, stripping due process and expanding mass detention

Trump’s immigration law sparks backlash over mass detentions and loss of due process.

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Quick summary

• Trump signed the Laken Riley Act, a law allowing mandatory detention and potential deportation of undocumented immigrants accused—but not convicted—of theft, burglary, or violent crimes.

• Critics warn the law strips due process protections, allowing state attorneys general to sue the federal government over immigration policies and removing judicial oversight in many cases.

• The ACLU and civil rights groups say the law encourages racial profiling, separates families, and violates international human rights standards by enabling indefinite detention without a conviction.

• Trump also announced plans to build a detention facility at Guantánamo Bay capable of holding 30,000 migrants, with critics calling it a “concentration camp” for asylum seekers.

• Since Trump’s election, private prison stocks have surged, with for-profit detention centers expected to benefit from the mass incarceration of immigrants.

• Progressive lawmakers and advocacy groups are preparing legal challenges against the law, arguing it violates the Fifth and Fourteenth Amendments and undermines civil liberties.

• The fight over immigration policies is set to intensify, with court battles, Congressional opposition, and Trump’s push for more executive actions targeting immigrant communities.

President Donald Trump signed the Laken Riley Act into law, enacting one of the most aggressive immigration measures in U.S. history. The law, passed with Republican and some Democratic support, dramatically expands mandatory detention and deportation powers, allowing for the indefinite detainment of undocumented immigrants without a conviction. Critics argue it erodes constitutional rights, encourages racial profiling, and will lead to mass incarceration of immigrant communities.

While Trump hailed the bill as a “landmark law” that “will save countless innocent American lives,” human rights organizations, immigration advocates, and legal experts warn it will strip due process protections, criminalize immigrant communities, and further militarize U.S. immigration enforcement.

“The Laken Riley Act capitalizes on a horrible tragedy in order to advance President Trump’s anti-immigrant agenda by scapegoating people seeking safety and stripping away their right to due process,” said Amy Fischer, director of the ACLU’s Refugee and Migrant Rights Program.

Under the new law, undocumented immigrants who are accused—but not convicted—of theft, shoplifting, burglary, or violent crimes must be detained indefinitely.

• There is no requirement for a conviction—simply being charged with a crime is enough to trigger indefinite detention and potential deportation.

• The law allows state attorneys general to sue the federal government for any harm they claim is linked to federal immigration decisions.

Immigrant rights advocates warn this will result in racial profiling and mass incarceration, disproportionately targeting Black and Brown immigrants.

“Mandatory detention solely for being accused of theft strips people of their right to due process and constitutes arbitrary detention under international human rights law,” Fischer said.

The law removes judicial review in many cases, preventing immigration judges from evaluating whether a detention is justified.

• The Lawyers’ Committee for Civil Rights of the Bay Area called the law “shameful and unconstitutional”, stating:

“This bill does not require a conviction—simply being accused of a crime is enough to force individuals into mandatory detention without review by any judge.”

Legal experts warn that this violates fundamental civil liberties and is likely to be challenged in federal court.

Immigration and human rights organizations argue that the law violates international human rights standards and U.S. constitutional protections.

“The federal government already has the power to detain and deport individuals who commit criminal acts. But in our legal system, judges act as a constitutionally required check on police actions. This new law removes that check.”

“We will not stand by while the rights of immigrants and communities of color are trampled for political gain.”

Critics argue that the law will incentivize racial profiling, allowing local law enforcement to target immigrants for minor infractions knowing that detention is mandatory.

“It will separate families and make our communities less safe,” Fischer warned. “It is simply unconscionable for Congress to create a new mechanism that gives people the power to falsely accuse immigrants of theft knowing their detention is mandatory.”

Trump’s mass detention plans: Expanding Guantánamo Bay for migrants

As part of his broader crackdown on immigration, Trump also announced plans to build a massive detention facility at Guantánamo Bay to hold up to 30,000 migrants.

Some critics have called this a “concentration camp” for asylum seekers, citing the historical dangers of mass incarceration policies targeting marginalized communities.

Since Trump’s election victory, private prison stocks have surged, reflecting anticipation of an increase in immigrant detentions.

“Shares in private prison companies have skyrocketed since Trump won last November’s election, partly in anticipation of a boom in business due to the Laken Riley Act and the broader campaign of mass deportations now underway.”

Critics argue this further exposes the profit-driven motives behind mass incarceration policies.

Civil rights groups and progressive lawmakers are preparing legal challenges to block the law’s enforcement.

Neha Desai and Melissa Adamson of the National Center for Youth Law condemned Congress for passing the bill and called for legislative action to protect immigrant children:

“Policymakers on both sides of the political aisle seem all too eager to support legislation that ignores that immigrant children are human beings, worthy of the same care and protections that their own children enjoy.”

While some Democrats supported the bill, progressive lawmakers insist that Congress must repeal the law to restore due process protections for immigrants.

Legal experts predict that federal courts will strike down portions of the law on constitutional grounds.

• The ACLU and civil rights organizations argue that detaining individuals without a conviction violates the Fifth and Fourteenth Amendments.

• Immigration advocates warn that mass detention without judicial oversight is unconstitutional and sets a dangerous precedent for future executive overreach.

The Laken Riley Act represents one of the most extreme expansions of immigration enforcement in modern history. By mandating detention without a conviction, the law undermines due process, encourages racial profiling, and sets a dangerous precedent for civil liberties.

Next steps: What to watch

1. Legal challenges from the ACLU and civil rights groups aiming to overturn key provisions of the law.

2. Congressional efforts to introduce counter-legislation protecting due process rights.

3. Potential Supreme Court battles over the constitutionality of detaining immigrants without convictions.

4. Trump’s next immigration moves, including expanding detention facilities and potential executive orders targeting sanctuary cities.

To join ACLU in the fight to stop the Trump administration from mass deportations, click here.

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