The Lawfare Podcast Lawfare Archive: Nayna Gupta on the Laken Riley Act
Feb 14, 2026
Nayna Gupta, Director of Policy at the American Immigration Council and expert on immigration detention, breaks down the Laken Riley Act. She traces its origins and political symbolism. She explains mandatory detention expansion, where detainees are held, ICE capacity issues, state attorney general standing to sue, clashes with sanctuary laws, and likely litigation and enforcement consequences.
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Mandatory Detention Expanded
- The Act expands mandatory detention to noncitizens arrested, charged, or convicted for low-level offenses like shoplifting.
- Mandatory detention removes bond hearings and denies detainees a chance to argue for release.
States Can Sue Over Federal Immigration Actions
- Section 3 gives state attorneys general standing to sue the federal government to force actions on immigration policy, including visa issuance.
- Gupta calls this unprecedented and likely to provoke constitutional challenges over standing.
Detention Capacity Will Be Strained
- ICE lacks capacity for the mass detention the Act could trigger and would need significant additional funding and beds.
- Gupta warns the Act could force ICE to release some more dangerous detainees to make room.