The Lawfare Podcast

Lawfare Daily: Nayna Gupta on the Laken Riley Act

Feb 7, 2025

In a compelling discussion, Nayna Gupta, Director of Policy at the American Immigration Council, dives into the Laken Riley Act and its significant implications for immigration policy. She unpacks its origins linked to tragic incidents and critiques the bill's impact on due process for detained individuals. Gupta highlights how the Act intensifies immigration enforcement, particularly affecting non-citizens with prior offenses, revealing its alignment with broader Trump administration policies. The conversation also challenges fear-driven narratives surrounding immigration and emphasizes the need for a more humane approach.

33:42

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Episode guests

Nayna Gupta

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Episode notes

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Quick takeaways

The Laken Riley Act mandates the detention of non-citizens for minor offenses, removing due process rights and prioritizing immigration enforcement over public safety concerns.

This legislation allows states to influence federal immigration policy through lawsuits, potentially disrupting the traditional balance of power and increasing judicial challenges.

Deep dives

Overview of the Lake and Riley Act

The Lake and Riley Act, initially introduced in March 2024, aims to enhance immigration enforcement by prioritizing the detention of non-citizens accused of certain low-level offenses. Named after a victim of a violent crime perpetrated by an unauthorized immigrant, the bill is framed as a response to public safety concerns, specifically targeting those with criminal backgrounds. However, it risks affecting thousands of immigrants who pose no threat as statistics indicate that a vast majority of undocumented individuals do not have criminal records. This law serves as a significant legislative tool for the Trump administration, emphasizing its goal of stricter immigration policies.

Intro

5min

The Laken Riley Act: Impacts on Immigration Detention

15min

Responses to Immigration Legislation by State and Local Governments

4min

Impact of the Laken Riley Act on Immigration Enforcement

2min

Impacts of the Laken Riley Act on Immigration Policy

12min

Examining the Laken Riley Act and Its Implications

3min

On today’s podcast, Lawfare Associate Editor for Communications Anna Hickey spoke to Nayna Gupta, Director of Policy at the American Immigration Council, about the Laken Riley Act, the first piece of legislation signed by President Trump in his second term, its start as a messaging bill in the last Congress, and its impact on the immigration detention system.

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