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

What Comes Next for the 1 Million People Who Have Lost – or Will Soon Lose – Temporary Protected Status

People hold Haitian flags and signs during a July 2026 rally in San Diego in support of immigrants living in the U.S. with Temporary Protected Status.

What Comes Next for the 1 Million People Who Have Lost – or Will Soon Lose – Temporary Protected Status

At the beginning of President Donald Trump’s second term, 1.3 million individuals from 17 countries were living and working in the U.S. under Temporary Protected Status, or TPS.

TPS is a humanitarian form of protection from deportation for people who cannot return to their home countries because of an armed conflict, environmental disaster or other extraordinary circumstances.

Keep ReadingShow less
United States Customs and Border Protection sign

Signage over the headquarter entrance of the United States Customs and Border Protection building in Washington, D.C.

Getty Images

New bill seeks to limit TSA data sharing with ICE

A newly proposed bill in Congress would restrict the Department of Homeland Security from using airline passenger information for immigration enforcement, following growing scrutiny over a previously undisclosed data-sharing agreement between the Transportation Security Administration and U.S. Immigration and Customs Enforcement.

The “No TSA Data for ICE Act,” introduced earlier this month by U.S. Rep. Rashida Tlaib (D-Detroit), comes amid concerns over how information collected from passengers for air travel is being used by federal immigration authorities.

Keep ReadingShow less
Judge's hand holding wooden hammer

A lawyer breaks down 'rule of law' using everyday analogies—sports, board games—to explain why recent government actions threaten this founding principle.

naruecha jenthaisong/Getty Images

The Rule of Law Is Simple—and Essential to American Democracy

This series from Lawyers Defending American Democracy connects the words of the Declaration of Independence and the Constitution to current events that threaten democracy and the justice system. Each piece highlights the unique responsibility lawyers carry—through their oath, professional obligations, and roles in their communities—to help the public understand what’s at risk and to speak out when democratic principles are under threat. LDAD’s call to action is straightforward: as the Founders once did, we must recognize threats to constitutional values, demand accountability, and act to defend them.

Before the first No Kings rally last year, I carefully hand-lettered a sign that I thought perfectly encapsulated the day's theme. On one side, it read “IN THIS COUNTRY, THE RULE OF LAW IS KING." On the other, it read, "A GOVERNMENT OF LAWS, NOT OF MEN (John Adams)." I carried my sign proudly, certain that it would be a big hit. But the only reaction I got was someone asking me, “Are you a lawyer?” I wonder what gave me away.

Keep ReadingShow less
Where Do Territorial Courts Fall in Our Constitutional Framework?

Black and white sketch of a courtroom in session.

illustration provided

Where Do Territorial Courts Fall in Our Constitutional Framework?

The Supreme Court’s recent decisions in Trump v. Slaughter and Trump v. Cook have understandably been read as cases about presidential control over executive officers. But they may have implications for a different and largely overlooked question lurking in a pending Supreme Court case: Who may exercise the judicial power of the United States in the territories?

This question made a cameo appearance in the Slaughter case. The majority noted in a footnote that “a justice of the peace in the District of Columbia” exercises “the judicial power of the District, just as territorial judges exercise the judicial power of their respective territories” — not the executive power. Therefore, the court went on, “the fact that Congress may prohibit the President from firing the District’s judges (who do not exercise his power) says nothing about whether Congress may prohibit the President from firing his subordinates (who do).”

Keep ReadingShow less