Trump Signs Sweeping Xenophobic Bill, Rescinding Due Process for Millions

Human rights defenders decried U.S. President Donald Trump's signing of legislation Wednesday that critics warn will strip due process rights from millions of people while harming some of the most vulnerable members of society, including migrant children, victims of sexual violence, and survivors of domestic abuse.

Trump signed the Laken Riley Act—named after a young woman murdered last year by a Venezuelan man who, according to U.S. Immigration and Customs Enforcement (ICE), entered the United States illegally—calling it a "landmark law" that "will save countless innocent American lives."

"The Laken Riley Act is based upon false, xenophobic narratives that dehumanize and criminalize an entire group of people due to the actions of one person."

However, Amy Fischer, director of the ACLU's Refugee and Migrant Rights Program, said in a statement Wednesday that "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."

"This legislation mandates the arrest and detention of our undocumented neighbors for being convicted or charged of any theft, shoplifting, burglary, or larceny offense," Fischer noted. "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."

"The Laken Riley Act is based upon false, xenophobic narratives that dehumanize and criminalize an entire group of people due to the actions of one person," Fischer added. "It will separate families and make our communities less safe. 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."

As the Lawyers' Committee for Civil Rights of the Bay Area, which called the law "shameful and unconstitutional," noted Wednesday: "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. In doing so, the law strips due process protections and allows for discrimination against vulnerable immigrant communities."

The group continued:

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. It is a direct attack on the constitutional rights of immigrants and communities of color, and it erodes the civil liberties of American society at large. It will incentivize racial profiling and divert law enforcement resources away from real threats, making our communities less safe.

"Lawyers' Committee and our partners vow to challenge this unconstitutional law in court," Bianca Sierra Wolff, the group's executive director, said in a statement. "We will not stand by while the rights of immigrants and communities of color are trampled for political gain."

Writing for Common Dreams Wednesday, National Center for Youth Law senior director Neha Desai and NCYL attorney Melissa Adamson lamented the Laken Riley Act's passage and urged Congress, both chambers of which passed the law with bipartisan support, to "do the right thing" by introducing "new legislation to protect children from this draconian law."

"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," Desai and Adamson contended. "It is deeply disheartening to see lawmakers shift with the political winds rather than hold true to fundamental values. Congress must not acquiesce to a country in which the rejection of children's rights is the norm."

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.

On Wednesday, Trump also said he would instruct the Pentagon and Department of Homeland Security to prepare a detention facility—some critics called it a "concentration camp"—capable of holding 30,000 migrants at the notorious offshore Guantánamo Bay prison run by the U.S. military in Cuba.