Skip to content
Search

Latest Stories

Follow Us:
Top Stories

New Law Will Likely Harm Immigrant Survivors of Domestic Violence

Opinion

New Law Will Likely Harm Immigrant Survivors of Domestic Violence

A person's speech bubble being popped.

Getty Images, Malte Mueller

A tragic death sparked national attention, turning into a call to strengthen immigration enforcement to enhance public safety. In response, the Laken Riley Act emerged as a significant piece of legislation in the ongoing debate over immigration policy in the United States. It purports to provide protection from crime but, in fact, could have an especially negative impact on survivors of domestic and sexual violence.

The new law allows for the detention of individuals who lack legal status, even if they have only been arrested or charged with minor offenses like theft or burglary. Notably, conviction is not required. This blatantly undermines the fundamental principle of "innocent until proven guilty," eroding due process protections that keep innocent people from being incarcerated, separated from children and family, losing employment, and suffering mental and physical health consequences.


Mandating that the Secretary of Homeland Security take into custody any undocumented individual who is charged with a criminal offense—regardless of the offense’s severity or the individual's circumstances—risks creating a system where immigrants are being treated more harshly than U.S. citizens. According to the U.S. Sentencing Commission, in fiscal 2023, more than 75% of convictions for federal crimes in the immigrant community were related to immigration status. Native-born Americans are 2.5 times more likely to be convicted of violent crimes than undocumented immigrants, according to the 2024 American Immigration Council Report.

More troubling is the expansion of authority to state/local law enforcement, empowering them to detain individuals “suspected” of being undocumented. This opens the door for racial profiling. Imagine a brown person, with a Latino surname or an Afghani accent, becoming a target because of how they look or sound. By reinforcing biases, the Act now creates an environment where individuals who "look different" are unfairly targeted—a practice that has led to documented cases of Immigration and Customs Enforcement (ICE) impersonators harassing community members.

Racial profiling increases the likelihood that survivors of domestic violence will be targeted based on their appearance, making them less likely to seek help from law enforcement and undermining their access to critical services. This leaves survivors trapped in abusive situations, often unable or unwilling to report their abusers.

With over 12 years of experience as an attorney who supports immigrant survivors of crime, including domestic violence, I have witnessed abusers manipulate the system by portraying themselves as victims, leading to biased arrests—sometimes of victims themselves—which, even if later resolved, inflict lasting trauma and deter survivors from seeking future help. This Act could dangerously impact survivors—particularly immigrants—who, out of desperation, commit minor crimes as it renders them deportable, exacerbating their vulnerabilities, deterring them from reporting abuse or seeking protection when fleeing their abusers, and ultimately denying them access to critical resources under this very law.

A 2019 survey conducted by the Tahirih Justice Center, underscored this crisis, revealing that 52% of advocates had worked with survivors who chose to drop civil or criminal cases because they did not feel safe, while 76% of advocates reported that immigrant survivors expressed concerns about contacting the police. These findings illustrate the urgent need for policies that prioritize survivor safety and restore trust in systems designed to protect them. Rather than enhancing public safety, harsh enforcement measures often risk empowering abusers.

By discouraging survivors from reporting abuse, the Laken Riley Act will lead to more significant harm in immigrant communities. We must not prioritize security concerns over human rights considerations. Policymakers must provide additional protections by securing due process rights for survivors of domestic violence, sexual assault, and trafficking that ensure safety for them and the community while upholding fairness and due process for all. No one should have to choose between safety and deportation.

All survivors of domestic violence—regardless of immigration status—deserve the protection, resources, and legal support they need to escape abuse and rebuild their lives. You can help: Urge Congress to pass legislation that expands protections for survivors, including strengthening the Violence Against Women Act ( VAWA), strengthen and support legislation like the WISE Act that expands survivor’s access to immigration relief and necessary services, and secure more funding for legal aid agencies and critical supportive services such as shelters and mental health agencies.

Payal Sinha is a distinguished attorney who serves as Director of Strategic Partnerships and Community Engagement at the Tahrirh Justice Center, a national nonprofit that serves women, girls and all immigrant survivors of gender-based violence. She is a Public Voices Fellow of the OpEd Project

.


Read More

Warrantless Surveillance and TPS for Haitians

Bamilia Delcine Olistin restocks product at Bon Samaritain Grocery, a Haitian-owned grocery, on February 3, 2026 in Springfield, Ohio. A federal judge issued a temporary stay blocking the Trump administration's attempt to strip Temporary Protected Status (TPS) for Haitian immigrants, but Haitian TPS beneficiaries and residents of Springfield continue to face uncertainty over their protected status.

Getty Images, Jon Cherry

Warrantless Surveillance and TPS for Haitians

Warrantless Surveillance

Almost 3 weeks ago, House Republicans appeared to be spitting mad because the Senate had had the temerity to pass a DHS funding agreement overnight by unanimous consent and then recess. The Senate did that because it was the best deal that could get passed. (The House still hasn’t acted on that Senate DHS funding bill.)

But last night, around 2 am, the House passed a 10 day extension of existing Foreign Intelligence Surveillance Act Section 702 authorities by unanimous consent and then recessed until Monday. Apparently, it’s fine when the House does it. Why did the House do this? Because it was the best deal that could get passed.

Keep ReadingShow less
Women gathered in circle.

Somali women and girls prepare for a buraanbur performance at the Tukwila Community Center on Jan. 24, 2026.

Patty Tang

As Immigration Hearings Accelerate, Somali Asylum Seekers Fear Losing Due Process

Across the Seattle region, Somali families are living with a level of fear that few others in our city fully see. This fear is rooted in sudden immigration court changes and in a national climate that feels increasingly unstable for people seeking asylum.

In recent months, immigration attorneys in multiple states, including here in Washington, have reported that Somali asylum hearings were abruptly rescheduled to earlier dates, in some cases moved forward by months or even years. Families who believed they had time to prepare are now scrambling to gather documentation, secure legal representation, and revisit traumatic experiences under compressed timelines.

Keep ReadingShow less
A person holding the U.S. flag, kneeling by a vigil.

VA hospital nurses and union members hold a memorial vigil for Alex Pretti , an ICU nurse at the VA hospital who was shot and killed by two Federal agents, February 1, 2026, in Minneapolis, Minnesota.

Getty Images, Andrew Lichtenstein

Should I Stay or Should I Go? When To Cut and Run On America

"If the U.S. government kills even one of our citizens for peacefully protesting, I will leave the country." Once this line was crossed, I would know that we could no longer claim to hear warning shots or catch whiffs of fascism. It will have arrived.

I said this to my therapist in November 2024 when discussing what would be the final straw for my relationship with America, the thing that would mean my family would leave this country behind.

Keep ReadingShow less
Michigan, Romulus Challenge Federal Plan for ICE Detention Center in Ongoing Legal Fight

U.S. Customs Protection officer

Photo provided by MILN

Michigan, Romulus Challenge Federal Plan for ICE Detention Center in Ongoing Legal Fight

Michigan officials and the city of Romulus have filed a lawsuit against the U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement, escalating a growing legal and political battle over plans to convert a local warehouse into an immigration detention center near Detroit.

The lawsuit, led by Michigan Attorney General Dana Nessel and joined by the city, seeks to halt the federal government’s effort to repurpose a commercial warehouse in Romulus into a large-scale detention site operated by ICE.

Keep ReadingShow less